notice to contractors calling for bids … 2058 occ...coast community college district, purchasing...

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NOTICE TO CONTRACTORS CALLING FOR BIDS

COAST COMMUNITY COLLEGE DISTRICT

NOTICE IS HEREBY GIVEN that the Coast Community College District acting by and through its Governing

Board will receive sealed bids for the award of a contract for the following named project. Bids will be received

up until, but not later than, the bid deadline listed below.

Project Name: OCC Student Health Center Roof Rehabilitation

Bid Number: 2058

Bid Deadline: May 27, 2015, 2:00 p.m.

Place of Bid Receipt: Coast Community College District

1370 Adams Avenue

Costa Mesa, CA 92626

Project Description:

Orange Coast College will be rehabilitating the roof on the College Student Health Center building. This

project will include the installation of TPA FB roof membrane or equivalent and flashings over existing

modified bituminous membrane roofing. This project will be delivered via Hard Bid General Contractor

method. Each bidder shall be a licensed contractor pursuant to the Business and Professions Code §7028.15 and California

Public Contract Code §3300. The District requires that the bidder possess at the time of bid and maintain

throughout the duration of the contract a B or C-39 classification(s):

DIR Registration. Each bidder submitting a proposal to complete the work, labor, material and/or services

(“Work”) subject to this procurement must be a Department of Industrial Relations (DIR) registered contractor

pursuant to Labor Code §1725.5. A bidder who is not DIR registered contractor when submitting a proposal for

the Work is deemed “not qualified” and the proposal of such a Bidder will be rejected for non-responsiveness.

Pursuant to Labor Code §1725.5, all subcontractors identified in a Bidder’s subcontractors’ list shall be DIR

registered contractors as well.

Prevailing Wage Rate (“PWR”) Monitoring and Enforcement. The Work is subject to payment of the PWR. The

Contractor and all Subcontractors of every tier shall pay laborers performing any portion of the Work not less

than the PWR established for the labor provided. Pursuant to Labor Code §1771.4(a)(4), PWR monitoring and

enforcement shall be by the Department of Industrial Relations.

Project Timeline: Time is of the essence. This project must be completed within the project timeline specified.

Failure to achieve substantial completion within the contract time will result in the assessment of Liquidated

Damages.

A MANDATORY pre-bid job-walk will be held at 10:00 a.m. on May 18, 2015 at Orange Coast College (2701

Fairview, Costa Mesa, CA 92626). Prospective bidders are to meet at the Maintenance & Operations Building.

All bids shall be submitted on the forms furnished by the District, must be received in the Office of Purchasing at

the address identified above, and will be opened and publicly read aloud immediately upon the close of bids.

Incomplete, inaccurate, or untrue responses or information provided therein by a bidder shall be grounds for the

District to reject such submissions for non-responsiveness.

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More information regarding this project can be found at http://www.cccd.edu/purchasing/pages/bids.aspx or by

contacting the Coast Community College District Purchasing Department at [email protected].

Contacts:

John Eriksen, Director of Purchasing, [email protected]

Published On: 5/9/15, 5/16/15

Board Date: 6/17/15

http://www.cccd.edu/purchasing/pages/bids.aspx

mailto:[email protected]

mailto:[email protected]

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INFORMATION FOR BIDDERS

WARNING: READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS

OTHER SIMILAR DOCUMENTS YOU MAY HAVE SEEN, EVEN IF FROM THE SAME DISTRICT.

1. Preparation of Bid Form. Bids shall be submitted on the prescribed Bid Form, completed in full.

All bid items and statements shall be properly and legibly filled out. Numbers shall be stated both in words and in

figures where so indicated, and where there is a conflict in the words and the figures, the words shall control over

the numbers. The signatures of all persons shall be in longhand and in ink. Prices, wording and notations must be

in ink or typewritten.

2. Form and Delivery of Bids. The bid must conform and be responsive to all Project Documents

and shall be made on the Bid Form provided, and the complete bid, together with any and all additional materials

as required, shall be enclosed in a sealed envelope, addressed and hand delivered or mailed to the DISTRICT at:

Coast Community College District, Purchasing Dept., 1370 Adams Ave., Costa Mesa Ca. 92626 and must be

received on or before the bid deadline (Public Contract Code Section 20112). The envelope shall be plainly

marked in the upper left hand corner with the bidder's name, the Project designation and the date and time for the

opening of bids. It is the bidder's sole responsibility to ensure that their bid is received prior to the bid

deadline. In accordance with Government Code Section 53068, any bid received after the scheduled closing time

for receipt of bids shall be returned to the bidder unopened. At the time and place set forth for the opening of

bids, the sealed bids will be opened and publicly read aloud. However, if prequalification of bidders is required

pursuant to Public Contract Code Section 20111.5 only those sealed bids received from prequalified bidders shall

be opened and publicly read aloud. The District will place a date/time stamp machine in a conspicuous location at

the place designated for submittal of Bid Proposal is stamped by the District’s date/time stamp machine: Bid; Bid

Proposals not so stamped as timely submitted will be rejected and returned to the Bidder unopened. The Date/time

stamp is controlling and determinative as to the date and time of the Bidder’s submittal of its Bid Proposal. The

foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids,

no Bid Proposals shall be received or considered by the District after bid deadline, Bid Proposals submitted after

such time are non-responsive and will be returned to the Bidder unopened.

3. Bid Security. Each bid shall be accompanied by a bid security in the form of cash, a certified or

cashier's check or bid bond in the amount of not less than Ten percent (10%) of the total bid price payable to the

DISTRICT and shall be given as a guarantee that the bidder, if awarded the contract, will execute the Agreement

within Five (5) working days after notice of award of the contract, and will furnish, on the prescribed forms, a

satisfactory Faithful Performance Bond in an amount not less than one hundred percent (100%) of the total bid

price and separate Payment (labor and material) Bond in an amount not less than one hundred percent (100%) of

the total bid price, furnish certificates and endorsements evidencing that the required insurance is in effect, the

Workers’ Compensation Certificate, Drug-Free Work Place Certification, and the Contractor’s Certificate

Regarding Non-Asbestos Containing Materials, if applicable, all within Five (5) working days of the notice of

award of the contract or as otherwise requested in writing by the DISTRICT. It is understood and agreed that

should bidder fail or refuse to return these documents as required by the DISTRICT, the bid security shall be

forfeited to the DISTRICT. If the Bidder elects to furnish a bid bond as its Bid Security, the Bidder shall use the

bid bond form included in the Project Documents.

4. Signature. Any signature required on Project Documents must be signed in the name of the

bidder and must bear the signature of the person or persons duly authorized to sign these documents. Where

indicated, if bidder is a corporation, the legal name of the corporation shall first be set forth, together with two

signatures: one from among the chairman of the board, president or vice president and one from among the

secretary, chief financial officer, or treasurer. Alternatively, the signature of other authorized officers or agents

may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories

below the signature and shall bear the corporate seal. Where indicated, in the event that the bidder is a joint

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venture or partnership, there shall be submitted with the bid certifications signed by authorized officers of each of

the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for

the joint venture or partnership and, should the joint venture or partnership be the successful bidder, who shall act

in all matters relative to the Project for the joint venture or partnership. If bidder is an individual, his/her

signature shall be placed on such documents.

5. Modifications. Changes in or additions to any of the bid documents, summary of the work bid

upon, alternative proposals, or any other modifications which are not specifically called for by the DISTRICT

may result in the DISTRICT'S rejection of the bid as being non-responsive. No oral, telephonic, facsimile or

electronic modification of any of the bid documents will be considered.

6. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures,

interlineations, or other corrections unless each such correction is authenticated by affixing the initials of the

person(s) signing the bid in the margin immediately adjacent to the correction. In the event of inconsistency

between words and numbers in the bid, words shall control numbers. In the event that DISTRICT determines that

any bid is unintelligible, illegible or ambiguous, the DISTRICT may reject such bid as being non-responsive.

7. Examination of Site and Project Documents. At its own expense and prior to submitting its bid,

each bidder shall examine all documents relating to the Project; visit the site and determine the local conditions

which may in any way affect the performance of the work, including the general prevailing rates of per diem

wages and other relevant cost factors; familiarize itself with all Federal, State and Local laws, ordinances, rules,

regulations and codes affecting the performance of the work, including the cost of permits and licenses required

for the work; make such surveys and investigations, including investigation of subsurface or latent physical

conditions at the site or where work is to be performed, as it may deem necessary for performance of the work at

its bid price ; determine the character, quality, and quantities of the work to be performed and the materials and

equipment to be provided; and correlate its observations, investigations, and determinations with all requirements

of the Project . The Project Documents show and describe the existing conditions as they are believed to have

been used in the design of the work and are only provided as information for the bidder. The DISTRICT is not

making any warranties regarding said information. The DISTRICT shall not be liable for any loss sustained by

the successful bidder resulting from any variance between the conditions and design data given in the Project

Documents and the actual conditions revealed during the bidder's pre-bid examination or during the progress of

the work. Bidder agrees that the submission of a bid shall be incontrovertible evidence that the bidder has

complied with all the requirements of this provision of the Information for Bidders.

8. Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request signed

by the bidder, at any time prior to the scheduled closing time for receipt of bids. The bid security for a bid

withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be

returned. No bidder may withdraw any bid for a period of Sixty (60) calendar days after the date set for the

opening of bids.

9. Agreement and Bonds. The Agreement which the successful bidder will be required to execute

and the payment bond required in accordance with Civil Code Section 3247, are included in the Project

Documents. The payment bond shall be in the amount not less than one hundred percent (100%) of the amount of

the contract in accordance with Civil Code Section 3248. The successful bidder will also be required to furnish a

separate faithful performance bond in the amount of one hundred percent (100%) of the contract and in the form

included in the Project Documents, which shall remain in full force and effect through the guarantee period as

specified in the General Conditions. All bond premiums shall be at bidder’s cost.

10. Interpretation of Project Documents. If any bidder is in doubt as to the true meaning of any part

of the Project Documents, or finds discrepancies in or omissions from the Project Documents, a written request

for an interpretation or correction thereof must be submitted to the DISTRICT ten (10) days before bid deadline.

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No requests shall be considered after this time. The bidder submitting the written request shall be responsible for

its prompt delivery. Any interpretation or correction of the Project Documents will be made solely at

DISTRICT’s discretion and only by written addendum duly issued by the DISTRICT, and a copy of such

addendum will be hand delivered or mailed or faxed to each bidder known to have received a set of the Project

Documents. No person is authorized to make any oral interpretation of any provision in the Project Documents,

nor shall any oral interpretation of Project Documents be binding on the DISTRICT. If there are discrepancies of

any kind in the Project Documents, the interpretation of the DISTRICT shall prevail. Submittal of a bid without a

request for clarifications shall be incontrovertible evidence that the bidder has determined that the project

documents are acceptable and sufficient for bidding and completing the work; that bidder is capable of reading,

following and completing the work in accordance with the project documents; and that bidder agrees that the

project can and will be completed according to the district’s timelines and according to the progress schedule to

be submitted by the successful bidder incorporating the district’s timelines for completion of the project.

11. Bidders Interested in More Than One Bid. No person, firm or corporation shall be allowed to

make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called

for by the DISTRICT. A person, firm, or corporation that has submitted a sub-proposal to a bidder, or that has

quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to

other bidders or submitting a bid on the Project.

12. Award of Contract. The DISTRICT reserves the right to reject any or all bids, or to waive any

irregularities or informalities in any bids or in the bidding process. The award of the contract, if made by the

DISTRICT, will be by action of the Governing Board and to the lowest responsive and responsible bidder. If two

identical low bids are received from responsive and responsible bidders, the DISTRICT will determine which bid

will be accepted pursuant to Public Contract Code Section 20117. In the event an award of the contract is made

to a bidder, and such bidder fails or refuses to execute the Agreement and provide the required documents within

Fifteen (15) working days after the notice of award of the contract to bidder, the DISTRICT may award the

contract to the next lowest responsive and responsible bidder or reject all bidders.

13. Alternate Bids. This project does not contemplate any alternate bids.

14. Competency of Bidders. In selecting the lowest responsive and responsible bidder, consideration

will be given not only to the financial standing but also to the general competency of the bidder for the

performance of the Project. By submitting a bid, each bidder agrees that the DISTRICT, in determining the

successful bidder and its eligibility for the award, may consider the bidder’s experience and facilities, conduct and

performance under other contracts, financial condition, reputation in the industry, and other factors which could

affect the bidder’s performance of the Project. To this end, each bid shall be supported by a statement of the

bidder’s experience on the form entitled “INFORMATION REQUIRED OF BIDDER.”

The DISTRICT may also consider the qualifications and experience of subcontractors and other persons

and organizations (including those who are to furnish the principal items of material and equipment) proposed for

those portions of the work. Operating costs, maintenance considerations, performance data and guarantees of

materials and equipment may also be considered by the DISTRICT. In this regard, the DISTRICT may conduct

such investigations as the DISTRICT deems necessary to assist in the evaluation of any bid and to establish the

responsibility, qualifications and financial ability of the bidder, proposed subcontractors, and other persons and

organizations to do the work to the DISTRICT’s satisfaction within the prescribed time. The DISTRICT reserves

the right to reject the bid of any bidder who does not pass any such evaluation to the satisfaction of the

DISTRICT.

In addition to other requirements established herein relating to bidder qualifications, the bidder shall be a

Department of Industrial Relations (“DIR”) registered contractor in order to be qualified to submit a bid proposal.

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Proposals received from bidders that are not a DIR registered contractor at the time of bid opening will be rejected

for non-responsiveness.

15. Listing Subcontractors. Each bidder shall submit, on the form furnished with the Contract

Documents, a list of the proposed subcontractors on this Project as required by the Subletting and Subcontracting

Fair Practices Act (Public Contract Code Section 4100, et seq.). Pursuant to Labor Code §1725.5, all

subcontractors identified in the Bidder’s subcontractors’ list shall be DIR Registered Contractors. The foregoing

notwithstanding, a proposal is not subject to rejection for non-responsiveness when the subcontractors list

accompanying the proposal lists any subcontractor (s) who is/are not DIR registered contractors if the listed

subcontractor(s) who are not DIR registered become DIR registered within twenty-four (24) hours of the opening

of proposals pursuant to Labor Code § 1771.1(c)(1) or (2). If the subcontractors list accompanying the proposal

lists any subcontractor(s) who is/are not DIR registered contractors and the listed subcontractor(s) who are not

DIR registered do not become DIR registered prior to the opening of proposals or become DIR registered within

twenty-four (24) hours of the opening of proposals pursuant to Labor Code §1771.1(c)(1) or (2), such proposal is

not subject to rejection for non-responsiveness, provided that if the Bidder submitting the subcontractors list with

non-DIR registered subcontractors is awarded the contract for the work, the bidder shall request consent of the

DISTRICT to substitute another subcontractor for the non-DIR registered subcontractor pursuant to Labor Code

§1771.1(c)(3), without adjustment of the contract price or the contract time within twenty-four (24) hours of the

opening of proposals. If alternate bids are called for and the bidder intends to use different or additional

subcontractors, a separate list of DIR registered subcontractors must be submitted for each such alternate bid. If

the bidder fails to specify a subcontractor for any portion of the work in excess of one half (1/2) of one percent

(1%) of the bidder’s total bid, the bidder agrees that he/she is fully qualified to perform that work and agrees to

perform that portion of the work. Violation of this requirement (including the procurement of a subcontractor for

the Project if no subcontractor is specified) can result in the DISTRICT invoking the remedies of Public Contract

Code Sections 4110 and 4111.

16. Insurance and Workers' Compensation. The successful bidder shall be required to furnish

certificates and endorsements evidencing that the required insurance is in effect. DISTRICT may request that

such certificates and endorsements are completed on DISTRICT provided forms. In accordance with the

provisions of Section 3700 of the Labor Code, the successful bidder shall secure the payment of compensation to

all employees. The successful bidder who has been awarded the contract shall sign and file with DISTRICT prior

to performing the work, the Workers’ Compensation Certificate included as a part of the Project Documents.

Labor Code Section 1861.

17. Contractor's License. If, at the time and date of the bid opening, bidder is not properly licensed to

perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code and the

Project Documents, such bid will be rejected as non-responsive. (Public Contract Code Section 3300) Pursuant to

Business and Professions Code Section 7028.15, no payment shall be made for work or materials under the

contract unless and until the Registrar of Contractors verifies to the DISTRICT that the bidder was properly

licensed at the time the bid was submitted. Any bidder not so licensed is subject to penalties under the law and

the contract will be considered void and DISTRICT shall have the right to bring an action against the unlicensed

bidder awarded the contract for recovery of all compensation paid under the contract. (Business and Professions

Code Section 7031(b)) If the license classification specified hereinafter is that of a "specialty contractor" as

defined in Section 7058 of the Business and Professions Code, the specialty contractor awarded the contract for

this work shall construct a majority of the work, in accordance with the provisions of Business and Professions

Code Section 7059. The bidder may not use the contractor license of a third party for this bid.

18. Anti-Discrimination. In connection with all work performed under this Project, there shall be no

unlawful discrimination against any prospective or active employee engaged in the work because of race, color,

ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical

condition. The successful bidder agrees to comply with applicable Federal and State laws including, but not

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limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900

and Labor Code Section 1735. In addition, the successful bidder agrees to require like compliance by any

subcontractors employed on the Project by such bidder.

19. Hold Harmless and Indemnification. The successful bidder awarded the contract will be required

to indemnify and hold harmless the DISTRICT, its Governing Board, officers, agents, and employees as set forth

in the Agreement.

20. Substitutions. Should the bidder wish to request any substitution for the materials, process,

service, or equipment specified, the bidder shall be required to comply with Article 30 of the General Conditions.

21. Surety Qualifications for Bonds. Bidders shall ensure all surety companies have a minimum

rating of "A," as rated by the current edition of Best's Key Rating Guide, published by A.M. Best Company,

Oldwick, New Jersey 08858. Only California admitted surety insurers will be acceptable for the issuance of

bonds. (Code of Civil Procedure Section 995.311) DISTRICT shall verify the status of the surety by one of the

following ways: (1) printing out information from the website of the California Department of Insurance

confirming the surety is an admitted surety insurer and attaching it to the bond, or (2) obtaining a certificate from

the county clerk for the county in which the DISTRICT is located that confirms the surety is an admitted surety

insurer and attaching it to the bond. Any admitted surety insurer who cannot satisfy the minimum rating specified

above, but who satisfies the following requirements set forth in Code of Civil Procedure Section 995.660 shall be

accepted and approved for the issuance of bonds:

(a) There must be on file in the office of the county clerk, for the county in which the

DISTRICT is located, an unrevoked appointment, power of attorney, bylaws, or other instrument, duly certified

by the proper authority and attested by the seal of the insurer authorizing the person who executed the bond to do

so for and on behalf of the insurer within ten (10) calendar days of the insurer’s receipt of a request to submit such

document from the DISTRICT, and an original or certified copy of the document must be submitted to the

DISTRICT.

(b) A certified copy of the certificate of authority of the insurer issued by the Insurance

Commissioner must be submitted to the DISTRICT within ten (10) calendar days of the insurer’s receipt of a

request to submit such document from the DISTRICT.

(c) A certificate from the clerk of the county that the certificate of authority of the insurer has

not been surrendered, revoked, cancelled, annulled, or suspended, and in the event it has, whether renewed

authority has been granted must be submitted to DISTRICT within ten (10) calendar days of the insurer’s receipt

of a request to submit such document from the DISTRICT.

(d) Copies of the insurer’s most recent annual statement and quarterly statement filed with

the California Department of Insurance must be submitted to the DISTRICT within ten (10) calendar days of the

insurer’s receipt of a request to submit the statements.

22. Liquidated Damages. All work must be completed within the time limits set forth in the Project

Documents. It is agreed that damages for the failure to complete the Project described herein within the time

limits required are impossible to ascertain. Should the work not be completed within the specified time for

completion, the successful bidder awarded the contract shall be liable for liquidated damages, payable to the

DISTRICT, in an amount as specified in Special Conditions section for each consecutive calendar day of delay in

completion. Such damages shall be deducted from any payments due or to become due to the successful bidder.

Government Code Section 53069.85, Civil Code Section 1671.

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23. Drug-Free Workplace Certification. Pursuant to Government Code Sections 8350, et seq., the

successful bidder will be required to execute a Drug-Free Workplace Certification upon execution of the

Agreement. The bidder will be required to take positive measures outlined in the certification in order to ensure

the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace

Act could result in penalties including termination of the Agreement or suspension of payment thereunder.

24. Non-collusion Affidavit. In accordance with the provisions of Section 7106 of the Public

Contract Code, each bid must be accompanied by a non-collusion affidavit.

25. Escrow Agreement. Public Contract Code Section 22300 permits the substitution of securities for

any monies withheld by a public agency to ensure performance under a contract. At the request and expense of

the successful bidder awarded the contract, securities equivalent to the amount withheld as retention shall be

deposited with the DISTRICT, or with a state or federally chartered bank in California as the escrow agent, who

shall then pay such monies to the successful bidder. The DISTRICT retains the sole discretion to approve the

bank selected by the successful bidder to serve as escrow agent. Upon satisfactory completion of the contract, the

securities shall be returned to the successful bidder. Securities eligible for investment shall include those listed in

Government Code Section 16430 or bank or savings and loan certificates of deposit. The successful bidder shall

be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

In the alternative, under Section 22300, the successful bidder may request DISTRICT to make payment of

earned retentions directly to the escrow agent at the expense of the successful bidder. Also at the successful

bidder's expense, the successful bidder may direct investment of the payments into securities, and the successful

bidder shall receive interest earned on such investment upon the same conditions as provided for securities

deposited by successful bidder. Upon satisfactory completion of the contract, successful bidder shall receive from

the escrow agent all securities, interest and payments received by escrow agent from DISTRICT pursuant to the

terms of Section 22300.

The successful bidder who elects to receive interest on monies withheld in retention by the DISTRICT

shall, at the request of any subcontractor performing more than five percent (5%) of the successful bidder’s total

bid, make that option available to the subcontractor regarding any monies withheld in retention by the successful

bidder from the subcontractor. If the successful bidder elects to receive interest on any monies withheld in

retention by the DISTRICT, then the subcontractor shall receive the identical rate of interest received by the

successful bidder on any retention monies withheld from the subcontractor by the successful bidder, less any

actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate

is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during

the time that retentions were withheld from the subcontractor. If the successful bidder elects to substitute

securities in lieu of retention, then, by mutual consent of the successful bidder and subcontractor, the

subcontractor may substitute securities in exchange for the release of monies held in retention by the successful

bidder. Public Contract Code Section 22300(d)(1).

The successful bidder wishing to utilize Public Contract Code Section 22300 and enter into an Escrow

Agreement shall complete and execute the form Escrow Agreement included in the Project Documents and

submit it to the DISTRICT.

26. Change Orders. All change order requests must be submitted in the form set forth in the Project

Documents and pursuant to Article 59 of the General Conditions. The amount of allowable charges submitted

pursuant to a change order shall be limited to the charges allowed under Article 59 of the General Conditions.

Indirect, consequential and incidental costs, project management costs, extended home office and field office

overhead, administrative costs and profit and other charges not specifically authorized under Article 59 of the

General Conditions will not be allowed.

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27. Tobacco-Free Policy. The successful bidder shall agree to enforce a tobacco-free work site.

28. Lead. Pursuant to the Lead-Safe Schools Protection Act (Education Code Sections 32240, et

seq.) and other applicable law, the successful bidder shall not use lead-based paint, lead plumbing and solders, or

other potential sources of lead contamination in the construction of any new school facility or the modernization

or renovation of any existing school facility.

29. Copies. The number of executed copies of the Agreement, the Faithful Performance Bond, and

the Payment Bond required is Five (5).

30. Prevailing Wage Rate (PWR) Monitoring and Enforcement. This project is subject to compliance

with the Department of Industrial Relations (DIR) certified payroll and public works labor enforcement

requirements. The CONTRACTOR and all subcontractors of every tier shall pay laborers performing any portion

of the work not less than the PWR established for the labor provided. Pursuant to Labor Code §1771.4(a)(4),

PWR monitoring and enforcement shall be by the Department of Industrial Relations. The CONTRACTOR shall

maintain and furnish to the DIR, certified payroll records (CPRs) utilizing the DIR's electronic CPR system.

More information regarding enrollment in this system can be found at

https://apps.dir.ca.gov/ecpr/DAS/AltLogin. Such records must, no less frequent than once each month, be

submitted under penalty of perjury.

31. DIR Registration Verification. A form of DIR Registration Verification (Appendix A) is

included with the contract documents. Each bidder shall submit the completed DIR Registration Verification

Form executed by a duly authorized officer or employee of the bidder with the bidder’s proposal for the work;

failure of a bidder to do so will render the proposal non-responsive and rejected. The proposal of a bidder who

does not verify to all matters set for in the form of DIR Registration Verification will be rejected for non-

responsiveness.

32. Contractor and Subcontractor Compliance. Strict compliance with DIR Registration

requirements pursuant to Labor Code §1725.5 is a material obligation of the contractor under the contract

documents. The foregoing includes without limitation, compliance with DIR registration requirements at all

times during performance of Work by the contractor and all subcontractors of any tier. The failure of the

contractor and all subcontractors of every tier to be DIR registered at all times during performance of the work is

a contractor’s default of a material obligation of the contractor under the contract documents.

33. No Subcontractor Performance of Work Without DIR Registration. No portion of the work is

permitted to be performed by a subcontractor of any tier unless the subcontractor is a DIR registered contractor.

34. Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on-

going obligation of the contractor under the contract documents is the contractor’s verification that all

subcontractors, of all tiers, are at all times during performance of the work in full and strict compliance with DIR

Registration requirements. The contractor shall not permit or allow any subcontractor of any tier to perform any

work without the contractor’s verification that all such subcontractors are in full and strict compliance with DIR

Registration requirements.

35. Certified Payroll Records. A material obligation of the contractor under the contract documents

is the contractor’s strict compliance with the requirements pursuant to Labor Code §§ 1771.4 and 1776 for

preparation and submittal of Certified Payroll Records (CPR) and the contractor’s enforcement of CPR

preparation and submittal for all subcontractors of every tier.

36. Express Condition Precedent to Payment of Contract Price. Strict compliance with CPR

requirements established pursuant to Labor Code §1776 is an express condition precedent to the DISTRICT’s

https://apps.dir.ca.gov/ecpr/DAS/AltLogin

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obligation to: (i) process any request for payment of any portion of the contract price; or (ii) to disburse any

portion of the contract price to the contractor. The contractor shall demonstrate strict compliance with CPR

preparation and submittal requirements by delivery to the DISTRICT of electronic files or hard copies of all

CPRs submitted by the contractor and/or subcontractors for work pursuant to Labor Code §§ 1771.4 and 1776

concurrently with the submittal thereof to the Labor Commissioner. The DISTRICT (i) shall not be obligated to

process or disburse any portion of the contract price; or (ii) shall not be deemed in default of the DISTRICT’s

obligation under the contract documents unless the contractor demonstrates strict compliance with CPR

preparation and submittal requirements.

37. Request for Taxpayer Identification Number and Certification (W-9). After award of contract,

Bidder will be required to submit their latest W-9 Certification to the District. The latest version of this form can

be found on the IRS website at http://www.irs.gov/pub/irs-pdf/fw9.pdf .

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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BID FORM TO: COAST COMMUNITY COLLEGE DISTRICT, A California Community College District, acting by

and through its Board of Trustees (the “District”), 1370 Adams Avenue, Costa Mesa, California 92626.

FROM: (Name of Bidder)

(Street Address)

(City, State, Zip Code) (Telephone/E-mail)

(Name(s) of Bidder’s Authorized Representative(s)

1. The undersigned Bidder, having become familiarized with all the following documents including

but not limited to the Notice Calling for Bids, Information for Bidders, Bid Form, Bid Security, Designation of

Subcontractors Form, Information Required of Bidder, all prequalification forms pursuant to Public Contract

Code Section 20111.5, if any, Non-Collusion Affidavit, Workers’ Compensation Certificate, Faithful

Performance Bond, Payment Bond, Agreement, Escrow Agreement, Drug-Free Workplace Certification, Change

Order Forms, Shop Drawing Transmittal Form, all insurance requirements, Guarantee forms, Contractor’s

Certificate Regarding Non-Asbestos Containing Materials, DISTRICT’s Labor Compliance Program, General

Conditions, Special Conditions, if any, drawings, specifications, and all modifications, addenda and amendments,

if any (hereinafter Project Documents), the local conditions affecting the performance of the work and the cost of

the work at the place where the work is to be done, hereby proposes and agrees to be bound by all the terms and

conditions of the Project Documents and agrees to perform, within the time stipulated, the work, including all of

its component parts, and everything required to be performed, and to provide and furnish and pay for any and all

of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services

necessary to perform the work and complete in a good workmanlike manner all of the work required in

accordance with laws, codes, regulations, ordinances and any other legal requirements governing the work, in

connection with the following:

PROJECT NAME: OCC Student Health Center Roof Rehabilitation, Bid 2058

all in strict conformity with the Project Documents, including Addenda Nos. , , and

on file at the office of Physical Facilities of said DISTRICT.

TOTAL BID:

DOLLARS ($ )

Each individual bid term shall be determined from visiting the work site, reviewing the drawings and

specifications and all portions of the Project Documents, and shall include all items necessary to complete the

work, including the assumption of all obligations, duties, and responsibilities necessary to the successful

completion of the Project, and the furnishing of all materials and equipment required to be incorporated in and

form a permanent part of the work, and the furnishing of tools, equipment, supplies, transportation, facilities,

labor, superintendence, and services required to perform and complete the work, all as per the requirements of the

Project Documents, whether or not expressly listed or designated.

12

2. It is understood that the DISTRICT reserves the right to reject any or all bids or to waive any

irregularities or informalities in any bids or in the bidding process. Bidder agrees that this bid shall remain open

and not be withdrawn for the period specified in the Information for Bidders.

3. The required bid security is attached.

4. The required list(s) of proposed subcontractors is attached and are DIR Registered hereto, and the

undersigned represents and warrants that such list(s) is complete and in compliance with the Subletting and

Subcontracting Fair Practices Act. Public Contract Code Sections 4100, et seq.

5. It is understood and agreed that if written notice of the award of a contract is mailed, faxed, or

delivered to the bidder, the bidder will execute and deliver to the DISTRICT the Agreement and will also furnish

and deliver to the DISTRICT the Faithful Performance Bond and a separate Payment Bond as specified, and

certificates and endorsements of insurance, the Workers’ Compensation Certificate, Drug-Free Work Place

Certification, the contractor’s Certificate Regarding Non-Asbestos Containing Materials, within five (5 ) working

days of the notice of award of the contract, or as otherwise requested in writing by the DISTRICT. It is

understood that should bidder fail or refuse to return these documents as required by the DISTRICT, the bid

security shall be forfeited to the DISTRICT. The bidder further agrees that the work shall be commenced by the

bidder, if awarded the contract after receiving the DISTRICT's Notice to Proceed, and shall be completed by the

bidder in the time specified by the DISTRICT.

6. Communications conveying notice of award of the contract, requests for additional information or

other correspondence should be addressed to the bidder at the address stated below.

7. The name(s) of all persons interested in the bid as principals are as follows:

________________________________________________________________________________

________________________________________________________________________________

_________________________________________________________________________________

8. In submitting this bid, the bidder offers and agrees that if the bid is accepted, it will assign to

DISTRICT all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton

Act (15 U.S.C. Section 15) or under the Cartwright Act (Business & Professions Code Section 16700, et seq.)

arising from purchases of goods, materials, or services by the bidder for sale to the DISTRICT pursuant to the bid.

Such assignment shall be made and become effective at the time the DISTRICT tenders final payment under the

contract. (Public Contract Code Section 7103.5; Government Code Section 4450, 4451 and 4552).

9. The undersigned hereby warrants that the bidder has an appropriate license, License No.

_________________, Class , DIR Registration No. ____________at the time of the bid opening, that such

license entitles bidder to provide the work that such license will be in full force and effect throughout the duration

of performance of this Project. Bidder shall be non-responsive if the Bidder is not licensed is not DIR Registered

as required by the DISTRICT at the time of the bid opening. Any and all subcontractors to be employed by the

undersigned shall have appropriate licenses at the time of the bid opening and shall be DIR registered.

10. The bidder hereby certifies that it is, and at all times during the performance of work hereunder

shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA") in

the hiring of its employees, and the bidder shall indemnify, hold harmless and defend the DISTRICT against any

and all actions, proceedings, penalties or claims arising out of the bidder's failure to comply strictly with the

IRCA.

13

11. It is understood and agreed that if requested by the DISTRICT, the bidder shall furnish a

notarized financial statement, references, and other information required by the DISTRICT sufficiently

comprehensive to permit an appraisal of bidder's ability to perform the Project.

12. The undersigned hereby warrants that all work shall be completed within 10 consecutive calendar

days from the date specified on the Notice to Proceed issued by the District. Time is of the essence. The

undersigned agrees that failure to complete the work within the time set forth herein will result in the imposition

of liquidated damages for each consecutive calendar day of delay in the amount of Two Thousand Five Hundred

Dollars ($2,500). (Government Code Section 53069.85)

13. The required non-collusion affidavit is attached as required by Public Contract Code Section

7106. Bidder understands and agrees that failure to submit a completed and signed affidavit will render the bidder

automatically non-responsive.

14. It is understood and agreed that all change order requests must be submitted in the form set forth

in the Project Documents and pursuant to Article 59 of the General Conditions. The amount of allowable charges

submitted pursuant to a change order shall be limited to the charges allowed under Article 59 of the General

Conditions. Indirect, consequential and incidental costs, project management costs, extended home office and

field office overhead, administrative costs and profit and other charges not specifically authorized under Article

59 of the General Conditions will not be allowed.

15. The Information Required of Bidder form has been fully completed and is attached hereto.

14

ALTERNATE BID ITEMS PROPOSAL

Bidders must provide a proposal price for each Alternate Bid Item set forth herein; failure to do so will result in

rejection of the Bid Proposal for non-responsiveness.

Install ¼” DensDeck Prime roof board over existing roof system prior to TPA installation. Adhere in low rise

foam adhesive in a ribbon application at a rate of 12” oc in the field, 6” oc at the perimeters, and 4” oc at the

corners.

ADDITIVE COST:

DOLLARS ($ )

NOTE TO ALL BIDDERS: See BID FORM, Page 1 for the established ALLOWANCE for this project.

Please note the conditions for the use of the ALLOWANCE in the SPECIAL CONDITIONS, Article 13.>>

By submission of this bid, bidder declares under penalty of perjury, under the laws of the State of California, that

the information contained in this document is true, correct and complete.

15

The undersigned hereby declares that all of the representations of this bid are made under penalty of

perjury under the laws of the State of California.

Individual Name: _______________________________________________________

Signed by: _____________________________________________________

Print Name: ____________________________________________________

Date: _________________________________________________________

Business Address: _______________________________________________

Telephone: _____________________________________________________

Partnership Name: __________________________________________________________

Signed by: _______________________________________________________

Print Name: ____________________________________________________

Date: _________________________________________________________


______________________________________________________________

Telephone: _____________________________________________________

Other Partner(s): ________________________________________________

Corporation Name: ________________________________________________________ ( Corporation 1)


______________________________________________________________

Telephone:_______________________________________________________

Signed by: ________________________, President, Date: _______________

Print Name: _______________________, President

Signed by: __________________________, Secretary, Date: _____________

Print Name: _______________________, Secretary

[Seal]

1 A corporation awarded the contract shall furnish evidence of its corporate existence and evidence that the officer signing the

Agreement and bonds is duly authorized to do so.

16

Joint Venturer: Name:______________________________________________________

Signed by: _______________________________________, Joint Venturer

Print Name: ____________________________________________________

Date: _________________________________________________________


______________________________________________________________

Telephone: ____________________________________________________

Other Parties to If an individual: ________________________________________________

Joint Venture: (Name)

Signed by: _____________________________________________________

Print Name: ____________________________________________________

Date: __________________________________________________________

Doing Business as: ______________________________________________;


______________________________________________________________

Telephone: _____________________________________________________

If a Partnership: ________________________________________________

(Name)

Signed by: _____________________________________________, Partner

Print Name: _____________________________________________________

Date: __________________________________________________________

Business Address: ________________________________________________

_______________________________________________________________

Telephone: _____________________________________________________

If a Corporation: ________________________________________________

(a _____________ Corporation)

Signed By: __________________________________ Date: ______________

Print Name: ____________________________________________________

Title: ________________________________________________________

Date: __________________________________________________________


______________________________________________________________

Telephone: _____________________________________________________

Bid Bond No.: _____

17

BID BOND

KNOW ALL PERSONS BY THESE PRESENT, that we_________________________

____________________________, as Principal, and __________________________as Surety, a California

admitted surety insurer, are held and firmly bound unto the COAST COMMUNITY COLLEGE DISTRICT,

hereinafter called the DISTRICT, in the sum of ___________ TEN PERCENT (10%) OF THE TOTAL

AMOUNT OF THE BID of the Principal submitted to the said DISTRICT for the work described below for the

payment of which sum in lawful money of the United States, well and truly to be made, we jointly and severally

bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of this obligation is such that whereas the Principal has submitted the accompanying bid

dated _____________, for GWC Parking Lot Signage, Bid 2058

NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after

the opening of the same, or, if no period be specified, within sixty (60) days after said opening; and if the

Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified,

within Five (5) working days after the notice of award of the contract, or as otherwise requested in writing by the

DISTRICT, enter into a written contract with the DISTRICT, in accordance with the bid as accepted and give

bonds with good and sufficient surety or sureties, as may be required for the faithful performance and proper

fulfillment of such contract and for the payment for labor and materials used for the performance of the contract,

furnish certificates and endorsements evidencing the required insurance is in effect and furnish and deliver to the

DISTRICT the Workers’ Compensation Certificate, Drug-Free Work Place Certification, the Contractor’s

Certificate Regarding Non-Asbestos Containing Materials, if applicable, then the above obligation shall be void

and of no effect, otherwise the bond amount shall be forfeited to the DISTRICT.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or

addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the

specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby

waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call

for bids, or to the work, or to the specifications.

In the event suit is brought upon this bond by the DISTRICT and judgment is recovered, the Surety shall

pay all costs incurred by the DISTRICT in such suit, including reasonable attorney's fees to be fixed by the court.

18

IN WITNESS HEREOF, the parties have executed this bond under their several seals this day

of__________________, 2014, the name and corporate seal of each corporate party being hereto affixed and duly

signed by its undersigned authorized representative.

(Corporate Seal of _________________________________

Principal, if Principal (Proper Name of Bidder)

Corporation)

By: ______________________________

Signature

_________________________________

Print Name

_________________________________

Title

(Corporate Seal _________________________________

of Surety) Surety

(Attach Attorney-in-Fact Certificate

and Required Acknowledgements) By: ______________________________

Signature

_________________________________

Print Name

_________________________________

Title

_________________________________

Address

_________________________________

Telephone No.

_________________________________

Facsimile No.

19

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section

4100 et. seq.), DIR Registration requirements pursuant to Labor Code §1725.5 and any amendments thereof, each

bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will

perform work or labor or render service to the bidder (prime contractor) in or about the construction of the work

or improvement to be performed under this contract or a subcontractor licensed by the State of California who,

under subcontract to the bidder (prime contractor), specially fabricates and installs a portion of the work or

improvement according to detailed drawings contained in the plans and specifications in an amount in excess of

one-half of one percent of the bidder's (prime contractor's) total bid and (b) the portion of the work which will be

done by each subcontractor. The bidder (prime contractor) shall list only one subcontractor for each such portion

as is defined by the bidder (prime contractor) in this bid.

If a bidder (prime contractor) fails to specify a subcontractor or if a bidder (prime contractor) specifies

more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half

of one percent of the bidder's (prime contractor's) total bid, bidder shall be deemed to have agreed that bidder is

fully qualified to perform that portion, and that bidder alone shall perform that portion. Violation of this

requirement (including the procurement of a subcontractor for the Project if no subcontractor is specified) can

result in the DISTRICT invoking the remedies of Public Contract Code Sections 4110 and 4111.

No bidder (prime contractor) whose bid is accepted shall (a) substitute any subcontractor, (b) permit any

subcontractor to be voluntarily assigned or transferred or allow it to be performed by anyone other than the

original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of

one-half of one percent of the bidder's (prime contractor's) total bid as to which the original bid did not designate

a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or

subcontracting of any portion of the work in excess of one-half of one percent of the bidder's (prime contractor's)

total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public

emergency or necessity, only after a finding reduced to writing as a public record of the DISTRICT awarding this

contract setting forth the facts constituting the emergency or necessity.

If the subcontractors list accompanying the proposal lists any subcontractor(s) who is/are not DIR

registered contractors such proposal is subject to rejection for non-responsiveness. Such bid proposals may be

considered provided that the bidder requests consent of the DISTRICT to substitute another subcontractor for the

non-DIR registered subcontractor pursuant to Labor Code §1771.1(c)(3), without adjustment of the contract price

or the contract time within twenty-four (24) hours of the opening of proposals.

Bidder: Date:

Bidder’s Authorized Representative(s):

By: (Signature of Bidder)

20

SUBCONTRACTORS LIST

Bidder:

Address:

Telephone: ( ) E-mail Address: _____________

PROJECT: OCC Student Health Center Roof Rehabilitation, Bid 2058

Trade or Portion

of Work

Name of Subcontractor Business Address Bus. License No. DIR No.

21

SUBCONTRACTORS LIST (cont.)

Trade or Portion

of Work

Name of Subcontractor Business Address Bus. License No. DIR No.

22

INFORMATION REQUIRED OF BIDDER

PROJECT NAME: OCC Student Health Center Roof Rehabilitation, Bid 2058

The Bidder shall furnish all the following information. Bidder shall carefully read and answer all questions to

ensure completeness and accuracy. Failure to comply with this requirement may cause rejection of the bid.

Additional sheets may be attached if necessary. "You" or "your" as used herein refers to the bidder and any of its

owners, officers, directors, shareholders, principals, responsible managing officer (RMO) or responsible

managing employee (RME). DISTRICT has discretion to request additional information depending on the

Project.

(1) Bidder name and address (Post Office Box Number not sufficient):

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

(2) Telephone: ____________________________ Fax No.: _________________________

Electronic Mail: _____________________________________________________________

(3) Individual _____ Partnership _____ Corporation _____ Joint Venture _____ (check one)

(4) Bidder’s License No. __________________________ Class: ________________________

License Expiration Date ______________________________________________________

Name of License holder ______________________________________________________

DIR Registration No. _________________________________________________________

(5) Have you ever been licensed under a different name or different license number?

Yes ____ No ____ If “Yes,” give name and license number.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________.

(6) Names and titles of all your owners, officers, principals, responsible managing officers and

responsible managing employees:

Name Title

___________________________________ ____________________________________

___________________________________ ____________________________________

___________________________________ ____________________________________

(7) Number of years as a contractor in this type of construction work: ___________________

(8) How many years experience have you had in school construction work?

23

(a) As a general contractor? ________________________________________________

(b) As a subcontractor? ___________________________________________________

(9) How many years experience have you had in public construction work?

(a) As a general contractor? ________________________________________________

(b) As a subcontractor? ___________________________________________________

(10) Have you ever been terminated from a school or any public construction project prior to the completion of

the project? Yes ____ No ____ If the answer is “Yes,” give dates, names and addresses of school/public

agency and details. _________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

(11) Have you ever been barred from bidding on any school or public construction project?

Yes ____ No ____ If the answer is “Yes,” give dates, names and addresses of school/public agency and

details. __________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

(12) Have you ever defaulted on any school or public construction project that resulted in a claim to a surety?

Yes ____ No ____ If the answer is “Yes,” give dates, names and addresses of school/public agency and

details. __________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

(13) Have you been assessed damages (i.e., liquidated damages) for any public construction project in the past

ten (10) years?

Yes ____ No ____ If the answer is “Yes,” give dates, names, and addresses of public agency and details.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

24

(14) Have you ever brought any claim(s) against a public agency?

Yes ____ No ____ If the answer is “Yes,” please explain in detail name of public agency, nature of the

claim and outcome. _________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

(15) Have you ever failed to complete a school or public construction project in the last ten (10) years?

Yes ____ No ____ If the answer is “Yes,” provide name of public agency and

details.____________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

(16) Have you been in litigation or arbitration or dispute of any kind on a question or questions relating to a

public construction project during the past ten (10) years?

Yes ____ No ____ If the answer is “Yes,” provide name of public agency and details:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

(17) List the names, addresses and telephone numbers of three Architects or Engineers whose jobs you have

worked on in the past five (5) years.

Name Address Telephone

__________________________ ___________________________ (___) _________

__________________________ ___________________________ (___) _________

__________________________ ___________________________ (___) _________

(18) Do you now or have you ever had any direct or indirect business, financial or other connection with any

officer, employee or consultant of the DISTRICT or Architect?

Yes ____ No ____ If so, please elaborate.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

25

(19) List at least five (5) of your most recent school construction projects.

(1)________________________________________________________________________

(2)________________________________________________________________________

(3)________________________________________________________________________

(4)________________________________________________________________________

(5)________________________________________________________________________

(20) Are you currently under contract for another project?

Yes ____ No ____ If the answer is “Yes,” please provide the following information:

(a) Project Number 1:

Name of Project: ____________________________________________________________

Detailed Description: _________________________________________________________

___________________________________________________________________________

Name of Project Owner: _______________________________________________________

Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(b) Project Number 2:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(c) Project Number 3:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(d) Project Number 4:

Name of Project: ____________________________________________________________


26

___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(e) Project Number 5:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(21) Are there projects not listed above that will be undertaken during the duration of DISTRICT’s Project?

Yes _____ No _____ If the answer is “Yes,” please provide the following information:

(a) Project Number 1:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(b) Project Number 2:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(c) Project Number 3:

Name of Project: ____________________________________________________________


___________________________________________________________________________


27

Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(d) Project Number 4:

Name of Project: ____________________________________________________________


___________________________________________________________________________


Contract Amount: ___________________________________________________________

Completion Date: ____________________________________________________________

(e) Project Number 5:

Name of Project: ____________________________________________________________


__________________________________________________________________________


Contract Amount: ____________________________________________________________

Completion Date: ____________________________________________________________

(22) Additional information required: ________________________________________________

__________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

(23) List of References - Public construction projects of similar nature in a School/Community

College/University within the last five (5) years. DISTRICT has discretion to require more than five (5)

references.

1. Name: _____________________________________________________________________

Address and Telephone: _______________________________________________________

___________________________________________________________________________

Contact Person: ______________________________________________________________

Description of Project: _________________________________________________________

Dates of commencement and completion of Project: __________________________________

___________________________________________________________________________

Contract Amount: ____________________________________________________________

Architect: ___________________________________________________________________

Architect’s Address and Telephone: ______________________________________________

28

___________________________________________________________________________

DSA or public agency inspector: _________________________________________________

Address and Telephone: ________________________________________________________

____________________________________________________________________________

2. Name: ______________________________________________________________________


____________________________________________________________________________

Contact Person: _______________________________________________________________

Description of Project: __________________________________________________________

Dates of commencement and completion of Project: ___________________________________

_____________________________________________________________________________

Contract Amount: ______________________________________________________________

Architect: ____________________________________________________________________

Architect’s Address and Telephone:_ ______________________________________________

____________________________________________________________________________

DSA or public agency inspector: __________________________________________________

Address and Telephone: _________________________________________________________

____________________________________________________________________________

3. Name: _____________________________________________________________________


___________________________________________________________________________

Contact Person: ______________________________________________________________


Dates of commencement and completion of Project: __________________________________

___________________________________________________________________________

Contract Amount: ____________________________________________________________

Architect: ___________________________________________________________________


___________________________________________________________________________



___________________________________________________________________________

4. Name: _____________________________________________________________________


___________________________________________________________________________

29

Contact Person: ______________________________________________________________

Description of Project: ________________________________________________________

Dates of commencement and completion of Project: _________________________________

___________________________________________________________________________

Contract Amount: ____________________________________________________________

Architect: ___________________________________________________________________


___________________________________________________________________________


Address and Telephone_________________________________________________________

____________________________________________________________________________

5. Name: ______________________________________________________________________


____________________________________________________________________________

Contact Person: _______________________________________________________________


Dates of commencement and completion of Project: ___________________________________

____________________________________________________________________________

Contract Amount: _____________________________________________________________

Architect: ____________________________________________________________________

Architect’s Address and Telephone: _______________________________________________

____________________________________________________________________________

DSA or public agency inspector: __________________________________________________


____________________________________________________________________________

(24) Does your company have California Division of State Architect (DSA) project approval in the last five

years? YES_________ NO___________

I certify and declare under penalty of perjury under the laws of the State of California that the foregoing

responses to the Information Required of Bidder are true and correct.

___________________________________________

Signature

__________________________________________

Print Name

___________________________________________

Title

30

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID FORM

, being first duly sworn, deposes and says that he or she is of the party

making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,

partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;

that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and

has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a

sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,

sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other

bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure

any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all

statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his

or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,

or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid

depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true

and correct.

Signature & Date

Printed Name & Title

31

WORKERS' COMPENSATION CERTIFICATE

OCC Student Health Center Roof Rehabilitation, Bid 2058

Labor Code Section 3700.

"Every employer except the state shall secure the payment of compensation in one or more of the

following ways:

(a) By being insured against liability to pay compensation in one or more insurers duly authorized to

write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either

as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof

satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may

become due to his or her employees.

(c) For any county, city, city and county, municipal corporation, public district, public agency or any

political subdivision of the state, including each member of a pooling arrangement under a joint exercise of

powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of

consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof

satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers'

compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision

of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly

completed and executed application for a certificate of consent to self-insure against workers' compensation

claims. The certificate shall be issued and be subject to the provisions of Section 3702."

I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured

against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that

code, and I will comply with such provisions before commencing the performance of the work of this contract.

____________________________________

Name of the Contractor

By: _________________________________

Signature

____________________________________

Print Name

____________________________________

Title

____________________________________

Date

(In accordance with Article 5 [commencing at Section 1860], Chapter 1, Part 7, Division 2 of the Labor Code, the

above certificate must be signed and filed with the awarding body prior to performing any work under the

contract.)

32

FAITHFUL PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENT:

WHEREAS, the Coast Community College District of Orange County, California

(hereinafter referred to as "DISTRICT"), awarded to ___________________________________

(hereinafter referred to as the "Contractor/Principal") the contract for the work described as:


WHEREAS, the Oblige, by approval of its Board of Trustees passed on ____________ has awarded to the

Principal a Contract for the Work commonly described as OCC Student Health Center Roof Rehabilitation,

Bid 2058

WHEREAS, the Principal, on or about_________________, entered into a contract with the Oblige for

performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated

herein and made a part hereof by this reference.

WHEREAS, said Contractor/Principal is required under the terms of said contract to furnish a bond for

the faithful performance of said contract which contract is incorporated herein by reference;

NOW, THEREFORE, we the undersigned Contractor, as Principal, and Surety, a California admitted

surety insurer are held and firmly bound to the DISTRICT for one hundred percent (100%) of the total amount

payable by the DISTRICT in the penal sum of Dollars ($ ) under the

terms of the contract awarded by the DISTRICT to the Contractor/Principal, lawful money of the United States of

America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,

administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bonded

Contractor/Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and

abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements

in the said contract which is attached hereto and incorporated herein by reference and any alteration and/or

amendments thereof, made as therein provided, including, but not limited to, the provisions regarding contract

duration and liquidated damages, all within the time and in the manner therein designated in all respects according

to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain

in full force and effect.

As a condition precedent to the satisfactory completion of the contract, the above obligation shall hold

good for a period of One Year (1) year(s) after the acceptance of the work by DISTRICT, during which time if

Contractor/Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect

the DISTRICT from loss or damage made evident during the period of One Year (1) year(s) from the date of

completion of the work as specified on the Guarantee, and resulting from or caused by defective materials or

faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The

obligation of Surety hereunder shall continue so long as any obligation of Contractor remains.

Whenever Contractor/Principal shall be, and is declared by the DISTRICT to be, in default under the

contract, the DISTRICT having performed the DISTRICT's obligations thereunder, the Surety shall within twenty

(20) days after written notice from the Oblige to remedy the default, or shall promptly:

1. Complete the contract in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the contract in accordance with its terms and

conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a

33

contract between such bidder and the DISTRICT, and make available as work progresses sufficient funds to pay

the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages

for which Surety may be liable hereunder, the amount set forth above The term "balance of the contract price" as

used in this paragraph shall mean the total amount payable to Contractor/Principal by the DISTRICT under the

contract and any modifications thereto, less the amount previously properly paid by the DISTRICT to the

Contractor/Principal.

Surety expressly agrees that the DISTRICT may reject any contractor or subcontractor which may be

proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize

Contractor/Principal in completing the contract nor shall Surety accept a bid from Contractor/Principal for

completion of the work if the DISTRICT, when declaring the Contractor/Principal in default, notifies Surety of

the DISTRICT's objection to Contractor's/Principal's further participation in the completion of the work.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the

DISTRICT named herein or the successors or assigns of the DISTRICT. Any suit under this bond must be

instituted within the applicable statute of limitations period.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of

time, alteration or modification of the Project documents, or of the work to be performed thereunder, shall in any

way affect its obligations on this bond; and it does hereby waive notice of any change, extension of time,

alteration or modification of the Project documents or of work to be performed thereunder.

Contractor/Principal and Surety agree that if the DISTRICT is required to engage the services of an

attorney in connection with the enforcement of this bond, each shall pay DISTRICT's reasonable attorney's fees

and costs incurred, with or without suit, in addition to the above amount.

Continued Next Page

34

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____day of ______________, 20____.

CORPORATE SEAL, IF ____________________________________

APPLICABLE AND NOTARIAL Contractor/Principal

ACKNOWLEDGEMENT OF

CONTRACTOR By: __________________________________

Signature

______________________________________

Typed or Printed Name

Title__________________________________

SEAL AND NOTARIAL

ACKNOWLEDGEMENT OF

SURETY

______________________________ _____________________________________

Surety

______________________________

By: __________________________________

______________________________ Signature

(Mailing Address, Telephone _____________________________________

No. and Facsimile No. of Surety) Typed or Print Name

___________________________________ Title_________________________________

___________________________________

___________________________________

(Attach Attorney-in-Fact Certificate

and Required Acknowledgement)

35

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENT:

WHEREAS, the Coast Community College District of Orange County, California

(hereinafter referred to as "DISTRICT"), awarded to ___________________________________

(hereinafter referred to as the "Contractor/Principal") the contract for the work described OCC Student Health

Center Roof Rehabilitation, Bid 2058

WHEREAS, the Oblige, by approval of its Board of Trustees passed on ______________

has awarded to the Principal a Contract for the Work commonly described as OCC Student Health Center Roof

Rehabilitation, Bid 2058

WHEREAS, the Principal, on or about ________________, entered into a contract with the Oblige for

performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated

herein and made a part hereof by this reference.

WHEREAS, said Contractor/Principal is required by Division 3, Part IV, Title XV, Chapter 7

(commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract;

NOW, THEREFORE, we, the Contractor/Principal and _________________________, as Surety, a

California admitted surety insurer, are held firmly bound unto the DISTRICT for one hundred percent (100%) of

the total amount payable by the DISTRICT in the penal sum of Dollars

($ ) under the terms of the contract awarded by the DISTRICT to the Contractor/Principal

lawful money of the United States of America for the payment of which sum well and truly to be made, we bind

ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these

presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Contractor/Principal, his/her or its

heirs, executors, administrators, successors, or assigns, or a subcontractor, shall fail to pay any person or persons

named in Civil Code Section 3181 or fail to pay for any materials, or other supplies, used in, upon, for, or about

the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts

due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind, or shall fail to

deduct, withhold, and pay over to the Employment Development Department, any amounts required to be

deducted, withheld, and paid over by Section 13020 of the Unemployment Insurance Code with respect to work

and labor thereon of any kind, then said Surety will pay for the same, in or to an amount not exceeding the

amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's

fees as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7

(commencing at Section 3247) of the California Civil Code.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil

Code, so as to give a right of action to such person or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the

obligation of the bond by any change, extension of time for performance, addition, alteration or modification in,

to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of

improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment

therefore, nor by any change or modification of any terms of payment or extension of the time for any payment

pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or

attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the

36

bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract

or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to

recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons

for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those

for whose benefit such bond has been given, by reason of any breach of contract between the DISTRICT and

original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be

that claimant is a person described in Section 3110 and 3112 of the California Civil Code, and has not been paid

the full amount of his/her or its claim and that Surety does hereby waive notice of any such change, extension of

time, addition, alteration or modification herein mentioned.

Any claims under this bond may be addressed to:

____________________________________________ (Name and address of Surety)

____________________________________________ (Name and address of agent or representative in

California,

____________________________________________ if different from above)

____________________________________________ (Telephone and facsimile number of

Surety or agent or representative

____________________________________________ in California)

Continued Next Page

37

IN WITNESS HEREOF, we have hereto set our hands and seals on this day of ________________, 20____.

CORPORATE SEAL, IF ____________________________________

APPLICABLE AND NOTARIAL Contractor/Principal

ACKNOWLEDGEMENT OF

CONTRACTOR By: _________________________________

Signature

____________________________________

Typed or Print Name

Title_________________________________

SEAL AND NOTARIAL

ACKNOWLEDGEMENT OF

SURETY

___________________________________ ____________________________________

Surety

___________________________________

By: _________________________________

___________________________________ Signature

____________________________________

(Mailing Address, Telephone and Typed or Print Name

Facsimile No. of Surety)

___________________________________ Title_________________________________

___________________________________

___________________________________

(Attach Attorney-in-Fact Certificate and

Required Acknowledgement)

38

AGREEMENT THIS AGREEMENT, dated the ___ day of ______________, 20____, in the County of Orange, State of

California, is by and between Coast Community College District (hereinafter referred to as "DISTRICT" ), and

___________________________________________, (hereinafter referred to as "CONTRACTOR").

The DISTRICT and the CONTRACTOR, for the consideration stated herein, agree as follows:

1. CONTRACTOR agrees to complete the Project known as OCC Student Health Center Roof

Rehabilitation, Bid 2058 according to all the terms and conditions set forth in the Project Documents, including

but not limited to the Notice Calling For Bids, Information for Bidders, Bid Form, Bid Security, Designation of

Subcontractors, Information Required of Bidder, all prequalification forms submitted pursuant to Public Contract

Code Section 20111.5, if any, Noncollusion Affidavit, Workers' Compensation Certificate, Faithful Performance

Bond, Payment Bond, Escrow Agreement, if applicable, Drug-Free Workplace Certification, Change Orders,

Shop Drawing Transmittals, Insurance Certificates and Endorsements, Guarantees, Contractor’s Certificate

Regarding Non-Asbestos Containing Materials, District’s Labor Compliance Program, if applicable, General

Conditions, Special Conditions, if any, Drawings, Specifications, and all modifications, addenda and amendments

thereto by this reference incorporated herein. The Project Documents are complementary, and what is called for

by any one shall be as binding as if called for by all.

2. CONTRACTOR shall perform within the time set forth in Paragraph 4 of this Agreement

everything required to be performed, and shall provide, furnish and pay for all the labor, materials, necessary

tools, expendable equipment, and all taxes, utility and transportation services required for construction of the

Project. All of said work shall be performed and completed in a good workmanlike manner in strict accordance

with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance

with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. The

CONTRACTOR shall be liable to the DISTRICT for any damages arising as a result of a failure to fully comply

with this obligation, and the CONTRACTOR shall not be excused with respect to any failure to so comply by any

act or omission of the Architect, Engineer, Inspector, Division of State Architect, or representative of any of them,

unless such act or omission actually prevents the CONTRACTOR from fully complying with the requirements of

the Project Documents, and unless the CONTRACTOR protests at the time of such alleged prevention that the act

or omission is preventing the CONTRACTOR from fully complying with the Project Documents. Such protest

shall not be effective unless reduced to writing and filed with the DISTRICT within three (3) working days of the

date of occurrence of the act or omission preventing the CONTRACTOR from fully complying with the Project

Documents.

3. DISTRICT shall pay to the CONTRACTOR, as full consideration for the faithful performance of

this Agreement, subject to any additions or deductions as provided in the Project Documents, the sum of

__________________Dollars ($ ).

4. The Work shall be commenced on the date stated in the Owner's Notice to Proceed issued

pursuant to Article 2 of the Agreement and shall be completed within 186 consecutive calendar days from the

Commencement Date stated in the Notice to Proceed.

5. Time is of the essence. If the work is not completed in accordance with Paragraph 4 above, it is

understood that the DISTRICT will suffer damage. It being impractical and infeasible to determine the amount of

actual damage, in accordance with Government Code Section 53069.85, it is agreed that CONTRACTOR shall

pay to DISTRICT as fixed and liquidated damages, and not as a penalty, the amount specified in Special

Conditions for each calendar day of delay until work is completed and accepted. Time extensions may be granted

39

by the DISTRICT as provided in Article 63 of the General Conditions. Liquidated damages shall be imposed as

set forth in Article 63 of the General Conditions.

6. Termination for Cause or Nonappropriation. In the event CONTRACTOR defaults in the

performance of the Agreement as set forth in General Conditions Article 13(a) or if there is a nonappropriation of

funds or insufficient funds as set forth in General Conditions Article 13(d), then this Agreement shall terminate or

be suspended as set forth in General Conditions Article 13.

Termination for Convenience. DISTRICT has discretion to terminate this Agreement at any time

and require CONTRACTOR to cease all work on the Project by providing CONTRACTOR written notice of

termination specifying the desired date of termination. Upon receipt of written notice from DISTRICT of such

termination for DISTRICT’s convenience, CONTRACTOR shall:

(i) Cease operations as directed by DISTRICT in the notice;

(ii) Take any actions necessary, or that DISTRICT may direct, for the

protection and preservation of the work; and

(iii) Not terminate any insurance provisions required by the Project

Documents.

In case of such termination for DISTRICT’s convenience, CONTRACTOR shall be entitled to receive

payment from DISTRICT for work satisfactorily executed and for proven loss with respect to materials,

equipment, and tools, including overhead and profit for that portion of the work completed. In the case of

Termination for Convenience, DISTRICT shall have the right to accept assignment of subcontractors. The

foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the

DISTRICT.

7. The CONTRACTOR agrees to and does hereby indemnify and hold harmless the DISTRICT, its

Governing Board, officers, agents, and employees from every claim or demand made, and every liability, loss,

damage, or expense, of any nature whatsoever, which may be incurred by reason of:

(a) Any injury to or death of any person(s) or damage to, loss or theft of any

property sustained by the CONTRACTOR or any person, firm or corporation employed by the CONTRACTOR,

either directly or by independent contract, upon or in connection with the work called for in this AGREEMENT,

except for liability resulting from the sole active negligence, or willful misconduct of the DISTRICT.

(b) Any injury to or death of any person(s) or damage, loss or theft of any property

caused by any act, neglect, default or omission of the CONTRACTOR, or any person, firm, or corporation

employed by the CONTRACTOR, either directly or by independent contract, arising out of, or in any way

connected with the work covered by this Agreement, whether said injury or damage occurs either on or off

DISTRICT property, if the liability arose due to the negligence or willful misconduct of anyone employed by the

CONTRACTOR, either directly or by independent contract.

The CONTRACTOR, at CONTRACTOR'S own expense, cost, and risk shall defend any and all actions, suits, or

other proceedings that may be brought or instituted against the DISTRICT, its Governing Board, officers, agents

or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered

against the DISTRICT, its Governing Board, officers, agents or employees in any action, suit or other proceedings

as a result thereof.

40

8. CONTRACTOR shall take out, prior to commencing the work, and maintain, during the life of

this Agreement, and shall require all subcontractors, if any, whether primary or secondary, to take out and

maintain the insurance coverage’s set forth below and in Articles 16, 17, 18 and 19 of the General Conditions.

CONTRACTOR agrees to provide all evidences of coverage required by DISTRICT including certificates of

insurance and endorsements.

Comprehensive General Liability and Automobile

Liability Insurance for injuries to persons

including accidental death, to any one person

in an amount not less than $ 1,000,000

Subject to the same limit each person

on account of one accident, in an amount

not less than $ 1,000,000

Aggregate $ 3,000,000

Property Damage Insurance covering losses

arising out of damage or destruction to

Property whether directly or indirectly

Arising out of or in connection with

Performance of work under the Contract

Documents, including explosion and

Collapse in an amount not less than $ 1,000,000

Workers’ Compensation Insurance

in accordance with limits established by law.

Employer’s Liability Insurance $ 1,000,000

Insurance Covering Special Hazards: The following special hazards shall be covered by rider or riders to

above-mentioned public liability insurance or property damage insurance policy or policies of insurance,

or by special policies of insurance in amounts as follows:

Automotive and truck where operated in amounts as above.

Material hoist where used in amounts as above.

Contractor’s Builder’s Risk Insurance. Contractor shall obtain and maintain Builder’s Risk “All Risk”

Insurance, in accordance with Article 17 of the General Conditions; as set forth in Article 17 of the General

Conditions; the coverage under the Contractor’s Builder’s Risk Insurance shall include coverage for damage

arising out of earthquakes.

9. Public Contract Code Section 22300 permits the substitution of securities for any retention

monies withheld by the DISTRICT to ensure performance under this Agreement. At the request and expense of

the CONTRACTOR, securities equivalent to the monies withheld shall be deposited with the DISTRICT, or with

a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to the

CONTRACTOR. The DISTRICT retains the sole discretion to approve the bank selected by the CONTRACTOR

to serve as escrow agent. Upon satisfactory completion of the Agreement, the securities shall be returned to the

CONTRACTOR. Securities eligible for investment shall include those listed in Government Code Section 16430

or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any

securities substituted for monies withheld and shall receive any interest thereon.

41

In the alternative, under Section 22300, the CONTRACTOR may request DISTRICT to make payment of

earned retention monies directly to the escrow agent at the expense of the CONTRACTOR. Also at the

CONTRACTOR's expense, the CONTRACTOR may direct investment of the payments into securities, and the

CONTRACTOR shall receive interest earned on such investment upon the same conditions as provided for

securities deposited by CONTRACTOR. Upon satisfactory completion of the Agreement, CONTRACTOR shall

receive from the escrow agent all securities, interest and payments received by escrow agent from DISTRICT

pursuant to the terms of Section 22300.

10. CONTRACTOR agrees that the work required to be performed by the Contractor

and each subcontractor on the Project shall be subject to the payment of general prevailing rates of

per diem wages, as described in the Labor Code. Refer to Section 30 in “Information to Bidders Section.”

11. If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the

corporation is duly incorporated and in good standing in the State of , and that

_____________________________, whose title is _________________, is authorized to act for and bind the

corporation.

12. Each and every provision of law and clause required by law to be inserted in this Agreement shall

be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein,

and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon

application of either party the Agreement shall forthwith be physically amended to make such insertion or

correction.

13. This Agreement constitutes the entire agreement of the parties. No other agreements, oral or

written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only

by an amendment in writing, signed by both parties and pursuant to action of the Governing Board of the District.

This Agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

COAST COMMUNITY COLLEGE DISTRICT COMPANY NAME

A Public Educational Agency

________________________________

Signature Signature

President, Governing Board of Trustees _________________________________

Title Title

Dated: Dated: ___________________________

(CORPORATE SEAL OF CONTRACTOR,

if corporation)

42

Note: This form is to be submitted with the final Pay Request

GUARANTEE

Guarantee for _______________________. We hereby guarantee that the____________________, which we

have installed in OCC Student Health Center Roof Rehabilitation, Bid 2058, has been done in accordance

with the Project Documents and that the work as installed will fulfill the requirements included in the Project

Documents. The undersigned agrees to repair or replace any or all of such work, together with any other adjacent

work which may be displaced in connection with such repair or replacement, that may prove to be defective in

workmanship or material within a period of One (1) year(s) from the date of completion of the Project, ordinary

wear and tear and unusual abuse or neglect excepted.

In the event of the undersigned's or undersigned surety’s failure to commence and pursue with diligence

said repairs or replacements within ten (10) calendar days after being notified in writing by the DISTRICT, the

undersigned authorizes the DISTRICT to proceed to have said defects repaired or replaced and made good at the

expense of the undersigned and surety who hereby agree to pay the costs and charges therefore immediately upon

demand. (General Conditions Article 46(d))

____________________________________

Name of Contractor

By: _________________________________

Signature of Contractor

____________________________________

Print Name

____________________________________

Title

___________________________________

Date of Completion

Contractor shall provide copy of this Guarantee to Contractor’s surety.

43

Guarantee (continued)

____________________________________

Name of Subcontractor

(if work performed by

subcontractor)

By:___________________________________

Signature of Subcontractor

____________________________________

Print Name

____________________________________

Title

Representatives to be contacted for service:

Name: ____________________________________

Address: ____________________________________

____________________________________

Telephone Number: ____________________________________

44

DRUG-FREE WORKPLACE CERTIFICATION


This Drug-Free Workplace Certification is required pursuant to Government Code Sections 8350, et seq., the

Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or

organization awarded a contract for the procurement of any property or services from any State agency must

certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that

each contract awarded by a State agency may be subject to suspension of payments or termination of the contract

and the contractor may be subject to debarment from future contracting, if the state agency determines that

specified acts have occurred.

Pursuant to Government Code Section 8355, every person or organization awarded a contract from a State agency

shall certify that it will provide a drug-free workplace by doing all of the following:

a) Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensation, possession or use of a controlled substance is prohibited in the person's or organization's workplace

and specifying actions which will be taken against employees for violations of the prohibition.

b) Establishing a drug-free awareness program to inform employees about all of the following:

1) The dangers of drug abuse in the workplace.

2) The person's or organization's policy of maintaining a drug-free workplace.

3) The availability of drug counseling, rehabilitation and employee-assistance programs.

4) The penalties that may be imposed upon employees for drug abuse violations.

c) Requiring that each employee engaged in the performance of the contract be given a copy of the

statement required by subdivision (a) and that, as a condition of employment on the contract, the employee agrees

to abide by the terms of the statement.

I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355 listed above and

will publish a statement notifying employees concerning (a) the prohibition of controlled substance at the

workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the

performance of the contract be given a copy of the statement required by Section 8355(a) and requiring that the

employee agree to abide by the terms of that statement.

I also understand that if the DISTRICT determines that I have either (a) made a false certification herein, or (b)

violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein

is subject to suspension of payments, termination, or both. I further understand that, should I violate the terms of

the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of

Section 8350, et seq.

I acknowledge that I am aware of the provisions of Government Code Section 8350, et seq. and hereby certify that

I will adhere to the requirements of the Drug-Free Workplace Act of 1990.

45

______________________________________

NAME OF CONTRACTOR

______________________________________

Signature

______________________________________

Print Name

______________________________________

Title

______________________________________

Date

46

CONTRACTOR’S CERTIFICATE REGARDING

NON-ASBESTOS CONTAINING MATERIALS Per Article 69 of the General Conditions.

Certification for ______________________________. We hereby certify that no Asbestos or Asbestos

Containing Materials shall be used in this Project or in any tools, devices, clothing, or equipment used to affect

the _______________________________, which we have installed in the Coast Community College District

under OCC Student Health Center Roof Rehabilitation, Bid 2058

(a) The Contractor further certifies that he/she has instructed his/her employees with respect to the

above- mentioned standards, hazards, risks and liabilities.

(b) Asbestos and/or asbestos containing material shall be defined as all items containing but not limited

to chrysotile, corcidolite, amosite, anthopyllite, tremolite and actinolite.

(c) Any or all material containing greater than one-tenth of one percent (.1%) asbestos shall be defined as

asbestos containing material.

(d) Any disputes involving the question of whether or not material contains asbestos shall be settled by

electron microscopy. The costs of any such tests shall be paid by the Contractor if the material is

found to contain asbestos.

(e) All work or materials found to contain asbestos or work or material installed with asbestos containing

equipment will be immediately rejected and this work will be removed at no additional cost to the

District.

___________________ ___________________________________

Date Name of Contractor

By: _______________________________

Signature

___________________________________

Print Name

___________________________________

Title

47

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION


This Escrow Agreement is made and entered into, as the _____day of ______________, 20___, by and between

________________________, whose address is _________________________________________, hereinafter

called "DISTRICT;" ___________________________________, whose address is

_________________________________________________, hereinafter called "Contractor;" and,

__________________________, whose address is _______________________________________, hereinafter

called "Escrow Agent."

For the consideration hereinafter set forth, the DISTRICT, Contractor, and Escrow Agent agree as follows:

(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the

option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by

DISTRICT pursuant to the Agreement entered into between the DISTRICT and Contractor for

___________________________ in the amount of ____________________________________, dated

___________________ (hereinafter referred to as the "Agreement"). Alternatively, on written request of the

Contractor, the DISTRICT shall make payments of the retention earnings directly to the Escrow Agent. When the

Contractor deposits the securities as a substitute for retention earnings, the Escrow Agent shall notify the DISTRICT

within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least

equal to the cash amount then required to be withheld as retention under the terms of the Agreement between the

DISTRICT and Contractor. Securities shall be held in the name of DISTRICT, and shall designate the Contractor as

the beneficial owner.

(2) The DISTRICT shall make progress payments to the Contractor for those funds which otherwise

would be withheld from progress payments, provided that the Escrow Agent holds securities in the form and amount

specified above.

(3) When the DISTRICT makes payment of retentions earned directly to the Escrow Agent, the Escrow

Agent shall hold them for the benefit of the Contractor until the time the escrow created under this Escrow Agreement

is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of

this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when

the DISTRICT pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in

administering the Escrow Account and all expenses of the DISTRICT. These expenses and payment terms shall be

determined by the DISTRICT, Contractor and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest

earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at

any time and from time to time without notice to the DISTRICT.

(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account

only by written notice to Escrow Agent accompanied by written authorization from the DISTRICT to the Escrow

Agent that DISTRICT consents to the withdrawal of the amount sought to be withdrawn by Contractor.

48

(7) The DISTRICT shall have a right to draw upon the securities in the event of default by the

Contractor. Upon seven (7) days' written notice to the Escrow Agent from the DISTRICT of the default, the Escrow

Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the DISTRICT.

(8) Upon receipt of written notification from the DISTRICT certifying that the Agreement is final and

complete, and that the Contractor has complied with all requirements and procedures applicable to the Agreement,

Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the

Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit

and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the DISTRICT and the Contractor pursuant

to Sections (5) to (8), inclusive, of this Escrow Agreement and the DISTRICT and Contractor shall hold Escrow

Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on

behalf of the DISTRICT and on behalf of Contractor in connection with the foregoing, and exemplars of their

respective signatures are as follows:

On behalf of DISTRICT: On behalf of Contractor:

President, CCCD Board of Trustees

Title Title

Name Name

_____________________________________ _____________________________________

Signature Signature

1370 Adams Avenue, Costa Mesa, CA 92626

Address Address

On behalf of Escrow Agent:

_____________________________________

Title

_____________________________________

Name

_____________________________________

Signature

_____________________________________

Address

49

At the time the Escrow Account is opened, the DISTRICT and Contractor shall deliver to the Escrow Agent a fully

executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first

set forth above.

DISTRICT: Contractor:

_____________________________________ _____________________________________

Title Title

_____________________________________ _____________________________________

Name Name

_____________________________________ _____________________________________

Signature Signature

Escrow Agent

_____________________________________

Title

_____________________________________

Name

_____________________________________

Signature

50

SPECIAL CONDITIONS

1. Award of Contract. The Award of the contract, if made by the DISTRICT, will be by action of the

Governing Board and to the lowest responsive and responsible bidder. See “Information for Bidders,

Section 12.”

2. Application of Special Conditions. These Special Conditions form a part of the Contract Documents for

the Work generally described as:

3. Job Walk. Walk Through Is MANDATORY. Date: 5/18/15 Time: 10:00 a.m.; Place: Orange Coast

College (2701 Fairview Rd, Costa Mesa, CA 92626). Prospective bidders are to meet in the Maintenance

& Operations Building.

4. Bids Not to Be Withdrawn. No bidder may withdraw its bid for a period of 60 days after the date of the

opening of bids.

5. Bid Security. The Bid Security shall be in an amount of not less than ten percent (10%) of the maximum

amount of the bid.

6. Rain Days. The number of Rain Days allowed for this project is two (2) work days. Work days are

Monday through Friday, excluding National Holidays.

7. Contractors License. In accordance with the California Business & Professions Code and the California

Public Contract Code, the required classification(s) of California Contractors License to bid upon and

perform the Work is B or C-39.

8. Contract Time. The Work shall commence on the date stated in the Owner's Notice to Proceed issued

pursuant to Article 2 of the Agreement and shall be completed within 10 consecutive calendar days from

the Commencement Date stated in the Notice to Proceed. (See Article 2 of the Agreement and Article 7

of the General Conditions.)

9. Drawings and Specifications. The number of copies of the Drawings and the Specifications to be

furnished to the Contractor free of charge, pursuant to Article 20 of the General Conditions is one (1)

electronic set.

10. Insurance.

10.1 Insurance of Contractor and Subcontractors. Pursuant to Article 14-19 of the General

Conditions, the Contractor shall obtain and maintain and shall require all Subcontractors, if any, of any

tier, to obtain and maintain the following insurance coverage in the following coverage amounts:

Comprehensive General Liability and Automobile

Liability Insurance for injuries to persons

including accidental death, to any one person

in an amount not less than $ 2,000,000

Subject to the same limit for each person

on account of one accident, in an amount

not less than $ 2,000,000

Aggregate $ 4,000,000

51

Property Damage Insurance covering losses

arising out of damage or destruction to

property whether directly or indirectly

arising out of or in connection with

performance of work under the Contract

Documents, including explosion and

collapse in an amount not less than $ 2,000,000

Workers' Compensation Insurance

In accordance with limits established by law.

Employer's Liability Insurance $ 1,000,000

11. Liquidated Damages. The Liquidated Damages established in Article 63 of the General Conditions is

Two Thousand Five Hundred Dollars ($2,500) per day.

12. Mark-ups on Changes to Work. See General Conditions – Article 59

Notwithstanding any other provision in the Project Documents, the adjustment in the contract sum, if any,

and the adjustment in the contract time, if any, set out in a change order shall constitute the entire

compensation and/or adjustment in the contract time due CONTRACTOR arising out of the change in the

work covered by the change order unless otherwise provided in the change order. The amount of the

compensation due CONTRACTOR shall be calculated pursuant to subparagraph (e) of this Article 60.

The entire compensation shall not include any additional charges not set forth in subparagraph (e) and

shall not include delay damages (due to processing of a change order, refusal to sign a change order)

indirect, consequential, and incidental costs including any project management costs, extended home

office and field office overhead, administrative costs and profit other than those amounts authorized under

subparagraph (e) of this Article 60.

Value of any such extra work, change, or deduction shall be determined at the discretion of DISTRICT in

one or more of the following ways:

(1) By mutual written acceptance of a lump sum proposal from CONTRACTOR properly

itemized and supported by sufficient substantiating data to permit evaluation by DISTRICT and

ARCHITECT.

(2) By unit prices contained in CONTRACTOR's original bid and incorporated in the Project

Documents or fixed by subsequent agreement between DISTRICT and CONTRACTOR.

(3) By cost of material and labor and percentage for overhead and profit (“time and

material”). If the value is determined by this method the following requirements shall apply:

(i) Labor. The costs of labor will be the actual cost for wages prevailing locally for

each craft classification or type of workers at the time the extra work is done, plus employer payments of payroll

taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting

from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining

agreements. The use of labor classification which would increase the extra work cost will not be permitted unless

the CONTRACTOR establishes the necessity for such additional costs. Labor costs for equipment operators and

helpers shall be reported only when such costs are not included in the invoice for equipment rental.

52

(ii) Materials. The cost of materials reported shall be at invoice or lowest current

price at which such materials are locally available and delivered to the work site in the quantifies involved, plus

sales tax, freight and delivery. The DISTRICT reserves the right to approve materials and sources of supply, or to

supply materials to the CONTRACTOR if necessary for the progress of the work. No markup shall be applied to

any material provided by the DISTRICT.

(iii) Tool and Equipment Rental. No payment will be made for the use of tools which

have a replacement value of $100 or less or where an invoice is not provided.

Regardless of ownership, the rates to be used in determining equipment rental costs shall

not exceed listed rates prevailing locally at equipment rental source, or distributors, at the time the work is

performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary

attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary

loading and transportation costs for equipment used on the extra work shall be included.

If equipment is used intermittently and, when not in use, could be returned to its rental

source at less expense to the DISTRICT than holding it at the work site, it shall be returned, unless the

CONTRACTOR elects to keep it at the work site at no expense to the DISTRICT.

All equipment shall be acceptable to the ARCHITECT, in good working condition, and

suitable for the purpose for which it is to be used. Manufacturer's ratings and manufacturer's approved

modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating

recommended by the manufacturer.

(iv) Other Items. The DISTRICT may authorize other items which may be required

on the extra work. Such items include labor, services, material and equipment which are different in their nature

from those required by the work and which are of a type not ordinarily available from the CONTRACTOR or any

of the subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment.

(v) Invoices. Vendors' invoices for material, equipment rental, and other

expenditures, shall be submitted with the request for payment. If the request for payment is not substantiated by

invoices or other documentation, the DISTRICT may establish the cost of the item involved at the lowest price

which was current at the time of the report.

The following format shall be used as applicable by the DISTRICT and CONTRACTOR to communicate

proposed additions and deductions to the Agreement.

EXTRA CREDIT

i. Material/Equipment (attach

itemized quantity and unit

cost plus sales tax) _______ _______

ii. Labor (attach itemized

hours and rates) _______ _______

iii. Subtotal _______ _______

iv. If subcontractor performed

work, add Subcontractor's

overhead and profit to portions

performed by it, not to exceed

53

15% of Item iii. above _______ _______

v. Subtotal _______ _______

vi. General Contractor's Overhead

and Profit, not to exceed 15% of

Item v if Contractor performed the

work. If subcontractor performed

the work, not to exceed 5% of Item v.

Of portions performed by Contractor

and subcontractors, portions performed

by Contractor shall not exceed 15%

of Item V, and portions performed

by Subcontractor shall not exceed

5% of Item v. _______ _______

vii. Subtotal _______ _______

viii. Bond and Liability Insurance

Premium, if in fact additional

bonds or insurance were actually

purchased, not to exceed 1% of

Item vii. _______ _______

ix. Total _______ _______

It is expressly understood that the value of such extra work or changes, as determined by any of the

aforementioned methods, expressly includes any and all of contractor's costs and expenses, both direct and

indirect, resulting from additional time required on the project, or resulting from delays to the project. any costs

or expenses not included are deemed waived. for purposes of determining the cost, if any, of any extra work,

change, addition or omission hereunder, all trade discounts, rebates, refunds, and all returns from the sale of

surplus materials and equipment shall accrue and be credited to contractor, and contractor shall ensure that such

discounts, rebates, refunds, and returns may be secured, and the amount thereof shall be allowed as a reduction of

contractor’s cost in determining the actual cost of construction for purposes of any extra work, change, addition or

omissions in the work as provided herein.

If the CONTRACTOR should claim that any instruction, request, drawing, specification, action, condition,

omission, default, or other situation obligates the DISTRICT to pay additional compensation to CONTRACTOR

or to grant an extension of time, or constitutes a waiver of any provision in the Agreement, CONTRACTOR shall

notify the DISTRICT, in writing, of such claim within five (5) calendar days from the date CONTRACTOR has

actual or constructive notice of the factual basis supporting the claim. The notice shall state the factual bases for

the claim and cite in detail the Project Documents (including plans and specifications) upon which the claim is

based. The CONTRACTOR's failure to notify the DISTRICT within such five (5) day period shall be deemed a

waiver and relinquishment of such a claim. If such notice be given within the specified time, the procedure for its

consideration shall be as stated above in these General Conditions.

“PROHIBITED USAGE OF CONTRACTOR QUALIFYING LANGUAGE STAMPS ON

DISTRICT DRAWINGS OR CONTRACT FORMS.” Contractor shall not countersign or

endorse any form, drawing, change order, contract or other documents with any conditions not

mutually agreed to in advance by the DISTRICT and the CONTRACTOR. Endorsement of a

54

contract, change order, specification, drawing or form with the following: “This change order is

being executed without waiver of the right to seek additional compensation for such services,”

shall be of no legal force or effect.

13. Construction Manager. Construction will be overseen by College Maintenance & Operations

Department. A designated contact will be determined prior to the commencement of construction.

Role of the Construction Manager:

The Construction Manager is the DISTRICT’s representative in all matter’s relating to the administration

and supervision of the CONTRACT for the Construction Duration. All communications between the

Contractor and the DISTRICT, including the DISTRICT’s Consultants and other Contractors, shall be

through the Construction Manager. Requests for Information (RFI) shall be simultaneously submitted to

the Construction Manager and the DISTRICT’s Inspector.

14. Campus Utilities:

Contractor shall be prepared to provide emergency response if any of its activities, including the work of

Subcontractors and the delivery of materials by Contractor Vendors and Suppliers, cause un-planned

interruption to the operation of utilities for the Campus. Emergency response shall be immediate and

continuous until the problem is corrected.

15. Emergency Access:

Contractor shall not encroach upon the Campus emergency access lanes abutting the DISTRICT’s

perimeter fence without DISTRICT approval. For work requiring the encroachment or the crossing of

any emergency access lane, Contractor shall submit a Work Plan that, at minimum, details how work is to

be staged to maintain emergency access at all times.

16. Inspector. The Project shall have an Inspector furnished by the District per Article 7 of the General

Conditions.

17. Trenches.

(a) CONTRACTOR shall provide adequate sheeting, shoring, and bracing, or equivalent method, for

the protection of life and limb in trenches and open excavation which conform to applicable safety

standards.

(b) If this Agreement involves the excavation of any trench or trenches five (5) feet or more in depth,

and the Project cost is in excess of $25,000, the CONTRACTOR shall, in advance of excavation, submit

to the DISTRICT for acceptance or to whomever DISTRICT designates which may include a registered

civil or structural engineer employed by the DISTRICT to whom authority to accept has been delegated, a

detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker

protection from the hazard of caving ground during the excavation of such trench or trenches. If such

plan varies from the Shoring System Standards established by the Construction Safety Orders of the

Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer

employed by the CONTRACTOR, and all costs therefore shall be included in the price named in the

Agreement for completion of the work as set forth in the Project Documents. In no case shall such plan

be less effective than that required by the Construction Safety Orders. No excavation of such trench or

trenches shall be commenced until said plan has been accepted by CAL-OSHA and a CAL-OSHA permit

55

for such plan delivered to the DISTRICT. Labor Code Section 6500 and 6705; Health and Safety Code

Section 17922.5)

(c) If this Agreement involves the digging of trenches or excavations that extend deeper than four

feet below the surface, the following shall apply pursuant to Public Contract Code section 7104:

(1) The CONTRACTOR shall promptly, and before the following conditions are disturbed,

notify the DISTRICT, in writing, of any:

(i) Material that the CONTRACTOR believes may be material that is hazardous

waste, as defined in Section 25117 of the Health and Safety Code, that is required to be

removed to a Class I, Class II, or Class III disposal site in accordance with provisions of

existing law.

(ii) Subsurface or latent physical conditions at the site different from those indicated.

(iii) Unknown physical conditions at the site of any unusual nature, different

materially from those ordinarily encountered and generally recognized as inherent in

work of the character provided for in the contract.

(2) The DISTRICT shall promptly investigate the conditions, and if it finds that the

conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the

CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order

under the procedures described in the Project Documents.

(3) In the event a dispute arises between the DISTRICT and the CONTRACTOR, whether

the conditions materially differ or involve hazardous waste, or cause a decrease or increase in the

CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall

not be excused from any scheduled completion date provided for by the Project Documents, but shall proceed

with all the work to be performed under the Project Documents. The CONTRACTOR shall retain any and all

rights provided either by contract or by law which pertain to the resolution of disputes and protests between the

contracting parties.

56

Coast Community College District

WASTE REDUCTION AND RECYCLING REPORT OCC Student Health Center Roof Rehabilitation, Bid 2058

PART 1 – GENERAL

1.01 PURPOSE

A. The purpose is to promote waste reduction (source reduction) and recycling practices to the maximum

extent reasonably possible for construction and demolition projects.

1. State law requires jurisdictions to achieve a 50% diversion goal. The District is a significant

generator of waste during construction and demolition projects and should participate in reducing

and recycling waste.

2. The Contractor’s completion of required documentation and submittal of disposal and diversion

reporting form will allow the District to track and calculate the diversion rate.

1.02 REFERENCES

A. The California Integrated Waste Management Act of 1989 (AB 939).

B. California Code of Regulations Title 14, Section 18700 et seq.

C. Definitions:

“Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting

materials that would otherwise become solid waste, and returning them to the economic mainstream in

the form of raw material for new, reused, or reconstituted products which meet the quality standards

necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in

California Public Resources Code Section 40201.

“Source reduction” means any action which causes a net reduction in the generation of solid waste.

“Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing

disposable materials and products with reusable materials and products, reducing packaging, reducing

the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the

amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard,

glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the

material becomes solid waste or actions which would impact air or water resources in lieu of land,

including, but not limited to, transformation.

“Transformation Facility” means a facility whose principal function is to convert, combust, or otherwise

process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically

or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or

energy recovery. Transformation Facility does not include a composting facility.

1.03 RELATED DOCUMENTS

A. Waste Disposal and Diversion Reporting Form (attached)

57

WASTE DISPOSAL AND DIVERSION REPORTING FORM

Coast Community College District: Date:

1370 Adam Ave. Costa Mesa, CA 92626

Campus: ORANGE COAST COLLEGE


Facility Contact and Telephone: ______________________________

Contractor Name:

Contractor Contact: Contractor Telephone:

Description of Project:

Approximate Dollar Value of Construction/Demolition:

Approximate Square Footage of Project:

Demolition Schedule:

Construction Schedule:

Name of Hauler(s): Telephone:

Please check waste reduction activities that are practiced at this project site:

____ Use of Prefabricated Components ____ Reduced Packaging

____ Reuse of Materials Onsite ____ Other (describe)

____ Accurate Material Estimates ______________________________________

Conversion Factors for Selected Loose Materials

Concrete 2370 lbs/cu yd 1.18 tons/cu yd 0.84 cu yd/ton

Asphalt 1940 lbs/cu yd 0.97 ton/cu yd 1.03 cu yds/ton

Brick 2430 lbs/cu yd 1.21 tons/cu yd 0.82 cu yd/ton

Dirt 2660 lbs/cu yd 1.33 tons/cu yd 0.75 cu yd/ton

Wood 400 lbs/cu yd 0.20 ton/cu yd 5.00 cu yds/ton

Gypsum wallboard 500 lbs/cu yd 0.25 ton/cu yd 4.00 cu yds/ton

Cardboard 100 lbs/cu yd 0.05 ton/cu yd 20.0 cu yds/ton

58

WASTE MATERIAL DISPOSITION SUMMARIES Fill out the tables below. The unit of measurement is “tons.” Use the conversion factors provided above. If a different

conversion number is used, please provide. If tonnage information is not available, estimates can be provided in “cubic

yards.”

Part I. DEMOLITION MATERIALS (tons)

Material Type

Disposed in

Class III

Landfill

Taken to Inert

Fills

Other

Disposal

(describe)

Reduced,

Recycled or

Salvaged

How Diverted?

(e.g., reused as

aggregate, etc.)

Concrete

Asphalt

Dirt

Wood

Metals

Mixed Waste

Other

(describe)

Total Tons A = B = C = D =

Demolition Materials Diversion Rate: D/(A+B+C+D) = ___________________

Additional Notes/Comments:

Part II. CONSTRUCTION MATERIALS (tons)

Material Type

Disposed in

Landfill

Taken to Inert

Fills

Other

Disposal

(describe)

Reduced,

Recycled or

Salvaged

How Diverted?

(e.g., reused as

aggregate, etc.)

Concrete

Asphalt

Dirt

Wood

Metals

Mixed Waste

Other

(describe)

Total Tons A = B = C = D =

59

Construction Materials Diversion Rate: D/(A+B+C+D) = _______________________


Disposal Facilities

Name of disposal facilities (e.g., landfill or inert facility name) materials are taken to:

Facility Name Total Tons



Recycling Facilities

Name of the recycling facilities or recycler (materials given or sold to):

Recycler/Recycling Facility Name Total Tons



Transformation Facilities

Name of the transformation facility:

Transformation Facility Name Total Tons

To the best of my knowledge, the above estimates are an accurate representation of the disposition of the

construction and demolition materials generated on-site at the construction job.

_______________________________________ ________________________________

Print Name Signature


60

1.04 SUBMITTALS

A. Submit the Waste Disposal and Diversion Reporting Form at the completion of the construction and/or

demolition project.

1. Contractor shall provide weigh tickets and/or other documentation to support the reported tonnages

and destinations.

2. Contractor must maintain records for a minimum of three (3) years.

PART 2 – PRODUCTS – NOT USED

PART 3 – EXECUTION

3.01 WASTE REDUCTION AND RECYCLING DIVERSION PROGRAM IMPLEMENTATION

A. When reasonably feasible, Contractor shall implement “source reduction” (waste reduction/prevention)

and recycling practices that divert waste from landfill disposal. Practices such as deconstruction, on-

site crushing and reuse of concrete/asphalt as base material, salvage of fixtures, and recovering

recyclable materials should be implemented.

B. Contractor shall make arrangements with the waste hauler for providing source separated bins so that

the Contractor can keep recyclable materials separated to a level that a recycling facility can accept

them.

C. Contractor shall take materials to a Transformation Facility whenever feasible and cost effective. Each

transformation will only accept limited waste streams. The Contractor is responsible to determining if

its specific waste stream is accepted by each facility.

D. As part of the Project close-out process, complete and submit the Waste Disposal and Diversion

Reporting Form along with the supporting documentation.

END OF SECTION

61

General Conditions

Coast Community College District

TABLE OF CONTENTS Page

1

ARTICLE 1. DEFINITIONS ............................................................................................................ 4

ARTICLE 2. STATUS OF CONTRACTOR ................................................................................... 4

ARTICLE 3. CHANGE IN CONTRACTOR’S LEGAL ENTITY.................................................. 5

ARTICLE 4. CONTRACTOR’S SUPERVISION AND PROGRESS ............................................ 5

ARTICLE 5. SUBCONTRACTORS ............................................................................................... 6

ARTICLE 6. PROHIBITED INTERESTS ....................................................................................... 6

ARTICLE 7. DISTRICT’S INSPECTORS ...................................................................................... 6

ARTICLE 8. ARCHITECT’S STATUS .......................................................................................... 7

ARTICLE 9. NOTICE OF TAXABLE POSSESSORY INTEREST .............................................. 7

ARTICLE 10. ASSIGNMENT OF ANTITRUST ACTIONS ........................................................... 7

ARTICLE 11. OTHER CONTRACTORS ......................................................................................... 8

ARTICLE 12. OCCUPANCY ............................................................................................................ 9

ARTICLE 13. DISTRICT’S RIGHT TO TERMINATE AGREEMENT .......................................... 9

ARTICLE 14. BONDS ..................................................................................................................... 10

ARTICLE 15. SUBSTITUTION OF SECURITIES ........................................................................ 10

ARTICLE 16. FIRE INSURANCE .................................................................................................. 11

ARTICLE 17. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ...................... 11

ARTICLE 18. WORKERS’ COMPENSATION INSURANCE...................................................... 11

ARTICLE 19. PROOF OF INSURANCE ........................................................................................ 12

ARTICLE 20. DRAWINGS AND SPECIFICATIONS ................................................................... 12

ARTICLE 21. OWNERSHIP OF DRAWINGS ............................................................................... 13

ARTICLE 22. DETAIL DRAWINGS AND INSTRUCTIONS ...................................................... 13

ARTICLE 23. SHOP DRAWINGS .................................................................................................. 14

ARTICLE 24. LAYOUT AND FIELD ENGINEERING ................................................................ 16

ARTICLE 25. SOILS INVESTIGATION REPORT ....................................................................... 16

ARTICLE 26. TESTS AND INSPECTIONS................................................................................... 16

ARTICLE 27. TRENCHES .............................................................................................................. 17

ARTICLE 28. PROJECT DOCUMENTS AT WORK SITE ........................................................... 17

ARTICLE 29. STATE AUDIT ......................................................................................................... 18

ARTICLE 30. SUBSTITUTIONS .................................................................................................... 18

ARTICLE 31. SAMPLES ................................................................................................................ 19

ARTICLE 32. PROGRESS SCHEDULE ........................................................................................ 19

ARTICLE 33. MATERIALS AND WORK ..................................................................................... 20


2

ARTICLE 34. INTEGRATION OF WORK .................................................................................... 21

ARTICLE 35. OBTAINING OF PERMITS, LICENSES, AND EASEMENTS ............................. 21

ARTICLE 36. SURVEYS ................................................................................................................ 22

ARTICLE 37. EXISTING UTILITY LINES; REMOVAL, RESTORATION ............................... 22

ARTICLE 38. WORK TO COMPLY WITH APPLICABLE LAW ................................................ 22

ARTICLE 39. ACCESS TO WORK ................................................................................................ 22

ARTICLE 40. PAYMENTS BY CONTRACTOR .......................................................................... 22

ARTICLE 41. INSPECTOR’S FIELD OFFICE .............................................................................. 23

ARTICLE 42. UTILITIES................................................................................................................ 23

ARTICLE 43. SANITARY FACILITIES ........................................................................................ 23

ARTICLE 44. CLEANING UP ........................................................................................................ 24

ARTICLE 45. PATENTS, ROYALTIES, AND INDEMNITIES ................................................... 24

ARTICLE 46. GUARANTEE .......................................................................................................... 24

ARTICLE 47. DUTY TO PROVIDE FIT WORKERS ................................................................... 25

ARTICLE 48. WAGE RATES, TRAVEL, AND SUBSISTENCE ................................................. 25

ARTICLE 49. HOURS OF WORK .................................................................................................. 26

ARTICLE 50. LABOR COMPLIANCE PROGRAM ..................................................................... 26

ARTICLE 51. APPRENTICES ........................................................................................................ 28

ARTICLE 52. LABOR - FIRST AID ............................................................................................... 29

ARTICLE 53. PROTECTION OF PERSONS AND PROPERTY .................................................. 29

ARTICLE 54. NON-DISCRIMINATION ....................................................................................... 30

ARTICLE 55. SCHEDULE OF VALUES AND PERIODICAL ESTIMATES ............................. 30

ARTICLE 56. CONTRACTOR CLAIMS ....................................................................................... 30

ARTICLE 57. DISPUTES – ARCHITECT’S DECISIONS ............................................................ 30

ARTICLE 58. PAYMENTS ............................................................................................................. 31

ARTICLE 59. CHANGES AND EXTRA WORK .......................................................................... 32

ARTICLE 60. COMPLETION ......................................................................................................... 36

ARTICLE 61. ADJUSTMENTS TO CONTRACT PRICE ............................................................. 37

ARTICLE 62. CORRECTION OF WORK ...................................................................................... 37

ARTICLE 63. EXTENSION OF TIME - LIQUIDATED DAMAGES ........................................... 37

ARTICLE 64. PAYMENTS WITHHELD ....................................................................................... 37

ARTICLE 65. TAXES...................................................................................................................... 38

ARTICLE 66. NO ASSIGNMENT .................................................................................................. 39


3

ARTICLE 67. NOTICE .................................................................................................................... 39

ARTICLE 68. NO WAIVER ............................................................................................................ 39

ARTICLE 69. NON-UTILIZATION OF ASBESTOS MATERIAL............................................... 39

ARTICLE 70. LEAD ........................................................................................................................ 40

ARTICLE 71. TOBACCO-FREE WORK SITE .............................................................................. 40

ARTICLE 72. GOVERNING LAW ................................................................................................. 40

ARTICLE 73. OWNER CONTROLLED INSURANCE PROGRAM (“OCIP”) ........................... 40

ARTICLE 74. STUDENTS .............................................................................................................. 41

ARTICLE 75. EMPLOYMENT OF DISTRICT RESIDENTS ....................................................... 41

ARTICLE 76. HIRING VETERANS ............................................................................................... 41

4

GENERAL CONDITIONS

DEFINITIONS

These definitions shall apply to all PROJECT DOCUMENTS.

“AGREEMENT” is the written agreement between DISTRICT and CONTRACTOR. All PROJECT

DOCUMENTS are incorporated into the AGREEMENT.

“ARCHITECT” means the architectural entity under contract with DISTRICT to provide architectural services

related to the PROJECT.

“BOARD” means the Board of Trustees of DISTRICT.

“COLLEGE” or “COLLEGES” refers to one or more of the colleges of DISTRICT.

“CONTRACTOR” is the contractor identified as a Party in the AGREEMENT.

“DISTRICT” is the Coast Community College District.

“Party” or “Parties” pertains to CONTRACTOR and DISTRICT, individually or collectively.

“PROJECT” is the planned undertaking as provided for in the PROJECT DOCUMENTS.

“PROJECT DOCUMENTS” includes all documents and agreements issued by DISTRICT pertaining to the

PROJECT, including but not limited to the following, including any modifications, addenda, and amendments, as

applicable: Notice Calling for Bids, Information for Bidders, Bid Form, Bid Security or Bid Bond, Designation of

SUBCONTRACTORS, Information Required of Bidder, any prequalification forms pursuant to Public Contract

Code Section 20111.5, Noncollusion Affidavit, Workers’ Compensation Certificate, Faithful Performance Bond,

Payment Bond, Agreement including all Exhibits, Escrow Agreement, Drug-Free Workplace Certification,

Criminal Records Check Certification, Change Orders, Shop Drawing Transmittals, Insurance Certificates and

Endorsements, Owner Controlled Insurance Program Contractual Provisions, Guarantee, Contractor’s Certificate

Regarding Non-Asbestos Containing Materials, Waste Reduction and Recycling Report, Disabled Veteran

Business Enterprises Certification, General Conditions, Supplemental Conditions, Special Conditions, and

Drawings and Specifications. The PROJECT DOCUMENTS are complementary, and what is required by any

one shall be as binding as if required by all.

“Provide,” in reference to duties of CONTRACTOR or its SUBCONTRACTORS, includes “furnish and install.”

“Safety Orders” includes all statutes, regulations, ordinances, and orders, pertaining to safety, issued by an

applicable federal, state, or local governmental entity.

“SUBCONTRACTOR” or “SUBCONTRACTORS” includes all those having a direct contractual relationship

with CONTRACTOR related to the PROJECT.

“Surety” is the person or entity who executes as a California admitted surety insurer, the CONTRACTOR’s Bid

Security, faithful performance bond, and payment bond.

STATUS OF CONTRACTOR

CONTRACTOR is and shall at all times be deemed to be an independent CONTRACTOR and shall be wholly

responsible for the manner in which it performs the services required of it by the terms of the PROJECT

DOCUMENTS. Nothing herein contained shall be construed as creating the relationship of employer and

employee, or principal and agent, between DISTRICT and CONTRACTOR or any of CONTRACTOR’s agents

5

or employees. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate

to the services to be provided during the course and scope of their employment. CONTRACTOR, its agents, and

employees shall not be entitled to any rights or privileges of DISTRICT employees and shall not be considered in

any manner to be DISTRICT employees. DISTRICT shall be permitted to monitor the activities of the

CONTRACTOR to determine compliance with the terms of the PROJECT DOCUMENTS.

CONTRACTOR is required by law to be licensed, and is regulated by, the California Contractors’ State License

Board. Any CONTRACTOR not so licensed is subject to penalties under the law, and the AGREEMENT will be

considered void.

CHANGE IN CONTRACTOR’S LEGAL ENTITY

Before CONTRACTOR makes any change in the name or legal nature of CONTRACTOR’s entity,

CONTRACTOR shall first notify DISTRICT in writing and shall cooperate with DISTRICT in making such

changes in the PROJECT DOCUMENTS as DISTRICT may request.

CONTRACTOR’S SUPERVISION AND PROGRESS

During progress of the work on the PROJECT, CONTRACTOR shall keep on the work site a competent

superintendent (“Superintendent”) satisfactory to DISTRICT. Before commencing the work on the PROJECT,

CONTRACTOR shall give written notice to DISTRICT and ARCHITECT of the name, qualifications, and

experience of the Superintendent. If Superintendent is found unsatisfactory by DISTRICT, CONTRACTOR shall

replace the Superintendent with one acceptable to DISTRICT. Superintendent shall not be changed except with

written consent of DISTRICT, unless the Superintendent proves to be unsatisfactory to CONTRACTOR and

ceases to be in its employ, in which case, CONTRACTOR shall notify DISTRICT and ARCHITECT in writing

and replace the Superintendent with one acceptable to DISTRICT. Superintendent shall represent

CONTRACTOR and all directions given to Superintendent shall be as binding as if given to CONTRACTOR.

CONTRACTOR shall supervise and direct the work on the PROJECT competently and efficiently, devoting such

attention thereto and applying such skills as may be necessary to perform the work in accordance with the

PROJECT DOCUMENTS. CONTRACTOR shall carefully study and compare all plans, Drawings and

Specifications, and other instructions, and shall at once report to ARCHITECT any error, inconsistency, or

omission which CONTRACTOR or its employees may discover. CONTRACTOR represents itself to DISTRICT

as a skilled, knowledgeable, and experienced CONTRACTOR. CONTRACTOR shall be liable to DISTRICT

for damage resulting from errors, inconsistencies, and omissions in the PROJECT DOCUMENTS that the

CONTRACTOR recognized, or should have recognized, and which CONTRACTOR failed to report and which a

similarly skilled, knowledgeable, and experienced CONTRACTOR would have discovered.

CONTRACTOR shall verify all indicated dimensions before ordering materials or equipment, or before

performing work. CONTRACTOR shall take field measurements, verify field conditions, and carefully compare

such field measurements and conditions and other information known to CONTRACTOR with the PROJECT

DOCUMENTS before commencing work. Errors, inconsistencies, or omissions discovered shall be reported to

DISTRICT without delay. Upon commencement of any item of work, CONTRACTOR shall be responsible for

dimensions related to such item of work and shall make any corrections necessary to make work properly fit at no

additional cost to DISTRICT. This responsibility for verification of dimensions is a non-delegable duty and may

not be delegated to SUBCONTRACTORS or agents.

Omissions from the plans, Drawings and Specifications, or the misdescription of details of work which are

necessary to carry out the intent of the plans, or the Drawings and Specifications, or which are customarily

performed, shall not relieve CONTRACTOR from performing such omitted or misdescribed work, but they shall

be performed as if fully and correctly set forth and described in the plans and the Drawings and Specifications.

CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of

construction. CONTRACTOR shall be responsible to ensure that the work complies with the language and intent

of the PROJECT DOCUMENTS.

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SUBCONTRACTORS

CONTRACTOR agrees to bind every SUBCONTRACTOR to the terms of the PROJECT DOCUMENTS.

CONTRACTOR shall be as fully responsible to DISTRICT for acts and omissions of any SUBCONTRACTOR,

and of persons and entities directly or indirectly employed by any SUBCONTRACTOR, as it is for acts and

omissions of CONTRACTOR and of persons and entities directly employed by CONTRACTOR. Nothing

contained in the PROJECT DOCUMENTS shall create any contractual relation between any

SUBCONTRACTOR and DISTRICT, nor shall the PROJECT DOCUMENTS be construed to be for the benefit

of any SUBCONTRACTOR.

DISTRICT’s consent to any SUBCONTRACTOR shall not in any way relieve CONTRACTOR of any

obligations under the PROJECT DOCUMENTS, and no such consent shall be deemed to waive any provision of

any part of the PROJECT DOCUMENTS.

CONTRACTOR must submit with its bid a Designation of Subcontractors pursuant to the California Subletting

and Subcontracting Fair Practices Act. If CONTRACTOR specifies more than one SUBCONTRACTOR for the

same portion of work or fails to specify a SUBCONTRACTOR, and such portion of the work exceeds one-half of

one percent of the total bid, CONTRACTOR agrees that it is fully qualified to perform and shall perform such

work itself, unless CONTRACTOR provides for substitution or addition of SUBCONTRACTORS. Substitution

or addition of SUBCONTRACTORS shall be permitted only as authorized under the California Subletting and

Subcontracting Fair Practices Act, Public Contract Code Sections 4100 et. seq.

In accordance with Business and Professions Code Section 7059, if CONTRACTOR is designated as a “specialty

contractor” (as defined in Public Contract Code Section 7058), all of the work to be performed outside of

CONTRACTOR’s license specialty shall be performed by a licensed SUBCONTRACTOR in compliance with

the California Subletting and Subcontracting Fair Practices Act.

A copy of each subcontract, if in writing, or if not in writing, then a written statement signed by CONTRACTOR

giving the name of the SUBCONTRACTOR and the terms and conditions of such subcontract, shall be filed with

DISTRICT before SUBCONTRACTOR begins work. Each subcontract shall contain a reference to the

AGREEMENT between DISTRICT and CONTRACTOR, and the terms of the AGREEMENT and all parts of the

PROJECT DOCUMENTS shall be made a part of such subcontract insofar as applicable to the work covered

thereby. Each subcontract will provide for termination in accordance with these General Conditions. Each

subcontract shall provide for its annulment by CONTRACTOR at the order of ARCHITECT if in ARCHITECT’s

opinion the SUBCONTRACTOR fails to comply with the requirements of the PROJECT DOCUMENTS insofar

as applicable to the work. Nothing herein contained shall relieve CONTRACTOR of any liability or obligation

hereunder.

PROHIBITED INTERESTS

No official of DISTRICT who is authorized in such capacity and on behalf of DISTRICT to negotiate, make,

accept, or approve, or to take part in negotiating, making, accepting, or approving, any architectural, engineering,

inspection, construction, or material supply contract, or any subcontract in connection with construction of the

PROJECT, shall become directly or indirectly interested financially in the PROJECT. No officer, employee,

architect, attorney, engineer, or inspector of or for DISTRICT who is authorized in such capacity and on behalf of

DISTRICT to exercise any executive, supervisory, or other similar functions in connection with the PROJECT

shall become directly or indirectly interested financially in the PROJECT. CONTRACTOR shall receive no

compensation, and shall repay DISTRICT for any compensation received by CONTRACTOR hereunder, should

CONTRACTOR aid, abet, or knowingly participate in violation of this Article.

DISTRICT’S INSPECTORS

One or more inspectors (“Inspector”), including special inspectors as required, will be retained by DISTRICT and

will be assigned to the PROJECT.

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No work shall be performed by CONTRACTOR solely upon the instructions or comments by the Inspector. The

Inspector has no authority to interpret the PROJECT DOCUMENTS or order extra work, and any extra work

performed without the written instruction of DISTRICT shall be at CONTRACTOR’s sole cost and expense, and

there will be no delay damages incurred by DISTRICT for such work.

No work shall be carried on except with the knowledge and under the inspection of the Inspectors. The Inspector

shall have free access to all parts of the work site at any time. CONTRACTOR shall furnish the Inspector

reasonable opportunities for obtaining such information as may be necessary to keep the Inspector fully informed

respecting progress and manner of work and character of materials. Inspection of work by the Inspector shall not

relieve CONTRACTOR from any obligation to fulfill the PROJECT DOCUMENTS. The Inspector or

ARCHITECT shall have authority to stop work whenever provisions of PROJECT DOCUMENTS are not being

complied with and such noncompliance is discovered. CONTRACTOR shall instruct its employees accordingly.

CONTRACTOR understands and agrees that the Inspector may serve concurrently as inspector for other

DISTRICT projects and may not therefore be available on site during the entire work day. It shall be the

responsibility of CONTRACTOR to notify the Inspector not less than 24 hours in advance of materials and

equipment deliveries and required inspections.

ARCHITECT’S STATUS

ARCHITECT shall be DISTRICT’s representative during construction and shall observe the progress and quality

of the work on behalf of DISTRICT. ARCHITECT shall have the authority to act on behalf of DISTRICT only to

the extent provided in the PROJECT DOCUMENTS. ARCHITECT shall have authority to stop work whenever

such stoppage may be necessary in ARCHITECT’s reasonable opinion to ensure the proper execution of the

PROJECT DOCUMENTS.

ARCHITECT shall be, in the first instance, the judge of the performance of the work. ARCHITECT shall

exercise authority under the PROJECT DOCUMENTS to enforce CONTRACTOR’s faithful performance.

ARCHITECT shall have all authority and responsibility established by law. ARCHITECT has the authority to

enforce compliance with the PROJECT DOCUMENTS, and CONTRACTOR shall promptly comply with

instructions from ARCHITECT or an authorized representative of ARCHITECT.

On all questions related to the quantities, the acceptability of material, equipment or workmanship, the execution,

progress or sequence of work, the interpretation of plans, specifications or drawings, or the acceptable

performance of CONTRACTOR pursuant to the decision of ARCHITECT shall govern and shall be precedent to

any payment unless otherwise ordered by DISTRICT. The progress and completion of the work shall not be

impaired or delayed by virtue of any question or dispute arising out of or related to the foregoing matters and the

instructions of ARCHITECT relating thereto.

General supervision and direction of the work by ARCHITECT shall in no way imply that ARCHITECT is in any

way responsible for the safety of CONTRACTOR or its employees, or that ARCHITECT will maintain

supervision over CONTRACTOR’s construction methods or personnel other than to ensure that the quality of the

finished work is in accordance with the PROJECT DOCUMENTS.

NOTICE OF TAXABLE POSSESSORY INTEREST

The terms of the AGREEMENT may result in the creation of a possessory interest. If such a possessory interest

is vested in a private party to the AGREEMENT, the private party may be subjected to the payment of property

taxes levied on such interest.

ASSIGNMENT OF ANTITRUST ACTIONS

Public Contract Code Section 7103.5(b) provides as follows:

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“In entering into a public works contract or a subcontract to supply goods,

services, or materials pursuant to a public works contract, the contractor or

subcontractor offers and agrees to assign to [DISTRICT] all rights, title, and

interest in and to all causes of action it may have under Section 4 of the Clayton

Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing

with Section 16700) of Part 2 of Division 7 of the Business and Professions

Code), arising from purchases of goods, services, or materials pursuant to the

public works contract or the subcontract. This assignment shall be made and

become effective at the time the awarding body tenders final payment to the

contractor, without further acknowledgment by the parties.”

CONTRACTOR, for itself and all SUBCONTRACTORS, agrees to assign to DISTRICT all rights, title, and

interest in and to all such causes of action which CONTRACTOR and any SUBCONTRACTOR may have under

the AGREEMENT. This assignment shall become effective at the time DISTRICT tenders final payment to

CONTRACTOR, and CONTRACTOR shall require assignments from all SUBCONTRACTORS to comply

herewith.

OTHER CONTRACTORS

DISTRICT reserves the right to let other contracts in connection with the work on the PROJECT.

CONTRACTOR shall afford other contractors reasonable opportunity for introduction and storage of their

materials and execution of their work, and shall properly connect and coordinate its work with such other

contractors.

If any part of CONTRACTOR’s work depends for proper execution or results upon work of any other contractor,

CONTRACTOR shall inspect and promptly report to ARCHITECT in writing any defects in such work that

render it unsuitable for such proper execution and results. CONTRACTOR will be held accountable for damages

to DISTRICT for that work which it failed to inspect or should have inspected. CONTRACTOR’s failure to

inspect and report shall constitute its acceptance of other contractors’ work as fit and proper for reception of its

work, except as to defects which may develop in other contractors’ work after final completion of

CONTRACTOR’s work.

In order to ensure proper execution of its subsequent work, CONTRACTOR shall measure and inspect work

already in place and shall at once report to ARCHITECT in writing any discrepancy between executed work and

the PROJECT DOCUMENTS.

CONTRACTOR shall ascertain to its own satisfaction the scope of the PROJECT and nature of any other

contracts that have been or may be awarded by DISTRICT related to the PROJECT to the end that

CONTRACTOR may perform this AGREEMENT in the light of such other contracts, if any.

Nothing herein contained shall be interpreted as granting to CONTRACTOR exclusive occupancy to the site of

the PROJECT. CONTRACTOR shall not cause any unnecessary hindrance or delay to any other contractor

working on the PROJECT. If simultaneous execution of any contract for the PROJECT is likely to cause

interference with performance of some other contract or contracts, DISTRICT shall decide which contractor shall

cease work temporarily and which contractor shall continue or whether work can be coordinated so that

contractors may proceed simultaneously.

DISTRICT shall not be responsible for any damages suffered or extra costs incurred by CONTRACTOR resulting

directly or indirectly from the award, performance, or attempted performance of any other contract on the

PROJECT, or caused by any decision or omission of DISTRICT respecting the order of precedence in

performance of contracts.

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OCCUPANCY

DISTRICT reserves the right to occupy buildings and portions of the work site of the PROJECT at any time

before completion, and such occupancy shall not constitute final acceptance of any part of work covered by this

AGREEMENT, nor shall such occupancy extend the date specified for completion of the work. Beneficial

occupancy of a building or other portion of the work site does not commence any warranty period, nor shall it

entitle CONTRACTOR to any additional compensation due to such occupancy.

DISTRICT’S RIGHT TO TERMINATE AGREEMENT

Termination for Cause. If CONTRACTOR refuses or fails to complete the work or any separable part thereof

with such diligence as will insure its completion within the time specified or any extension thereof, or fails to

complete said work within such time, or if CONTRACTOR should file a petition for relief as a debtor, or should

relief be ordered against CONTRACTOR as a debtor under Title 11 of the United States Code, or if

CONTRACTOR should make a general assignment for the benefit of its creditors, or if a receiver should be

appointed on account of its insolvency, or if it should refuse or should fail to supply enough properly skilled

workers or proper equipment, tools, and materials in the necessary quantity and quality to complete the work in

the time specified, or if CONTRACTOR should fail to make prompt payment to SUBCONTRACTORS for

materials or labor, or disregard laws, regulations, ordinances, or instructions of DISTRICT, or if CONTRACTOR

or its SUBCONTRACTORS should otherwise violate any provision of the AGREEMENT, then CONTRACTOR

shall be deemed to be in default of the AGREEMENT and DISTRICT may, without prejudice to any other right

or remedy, serve written notice upon CONTRACTOR and Surety of DISTRICT’s intention to terminate the

AGREEMENT, such notice to contain the reasons for such intention to terminate, and unless within ten calendar

days after the service of such notice such condition shall cease or such violation shall cease, or arrangements

satisfactory to DISTRICT for the correction thereof be made and corrective action commenced in a diligent and

workmanlike manner and pursued to satisfactory completion, the AGREEMENT shall upon the expiration of the

ten calendar days, cease and terminate. In such case, CONTRACTOR shall be excluded from the work site and

not be entitled to receive any further payment until work is finished to DISTRICT’s satisfaction.

In the event of any such termination, Surety shall have the right to take over and perform the AGREEMENT,

provided, however, that if Surety, within five calendar days after service upon it of the notice of termination, does

not give DISTRICT written notice of its intention to take over and perform the AGREEMENT or does not

commence performance thereof within ten calendar days after date of service of the notice of termination by

DISTRICT on Surety, DISTRICT may take over the work and proceed to completion by any means determined

by DISTRICT including hiring another CONTRACTOR at the expense of CONTRACTOR, and CONTRACTOR

and the Surety shall be liable to DISTRICT for any excess cost or other damages occasioned by DISTRICT

thereby. Time is of the essence in the AGREEMENT. If DISTRICT takes over the work as hereinabove

provided, DISTRICT may, without liability for so doing, take possession of and utilize in completing the work

such materials, supplies, equipment, and other property belonging to CONTRACTOR as may be on the site of the

work and necessary therefore.

The expense of finishing the work, including compensation for additional architectural, managerial, and

administrative services, shall be a charge against CONTRACTOR, and CONTRACTOR agrees that the charge

may be deducted from any money due or becoming due to CONTRACTOR from DISTRICT, or CONTRACTOR

shall pay the charges to DISTRICT. Expense incurred by DISTRICT as herein provided, and damage incurred

due to DISTRICT’s termination of the AGREEMENT or CONTRACTOR’s default, may be certified to

DISTRICT by ARCHITECT. The Surety shall become liable for payment should CONTRACTOR fail to pay in

full any cost incurred by DISTRICT.

Nonappropriation of Funds/Insufficient Funds. In the event that sufficient funds are not appropriated to

complete the PROJECT, or DISTRICT determines that sufficient funds are not available to complete the

PROJECT, DISTRICT may terminate or suspend the completion of the PROJECT at any time by giving written

notice to CONTRACTOR. In the event that DISTRICT exercises this option, DISTRICT shall pay for any and all

work and materials completed or delivered onto the site, and the value of any and all work then in progress and

orders actually placed which cannot be canceled up to the date of notice of termination. The value of work and

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materials paid for shall include a factor of fifteen percent for the CONTRACTOR’s overhead and profit, and there

shall be no other costs or expenses paid to CONTRACTOR. All work, materials, and orders paid for pursuant to

this provision shall become the property of DISTRICT. DISTRICT may, without cause, order CONTRACTOR

in writing to suspend, delay, or interrupt the PROJECT in whole or in part for such period of time as DISTRICT

may determine.

The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to

DISTRICT.

BONDS

Unless otherwise specified in Special Conditions or elsewhere in the PROJECT DOCUMENTS, CONTRACTOR

shall furnish a surety bond in an amount equal to 100% of the contract price as security for the faithful

performance of the AGREEMENT, and shall furnish a separate bond in an amount of 100% of the contract price

as security for payment to persons performing labor and furnishing materials in connection with the PROJECT.

Bonds shall be in the form set forth in the PROJECT DOCUMENTS.

SUBSTITUTION OF SECURITIES

Pursuant to the requirements of Public Contract Code Section 22300, upon CONTRACTOR’s request,

DISTRICT will make payment to CONTRACTOR of any earned retention funds withheld from payments under

the AGREEMENT if CONTRACTOR deposits with DISTRICT or in escrow with a California or federally

chartered bank acceptable to DISTRICT, securities eligible for the investment pursuant to Government Code

Section 16430, or bank or savings and loan certificates of deposit, upon the following conditions:

CONTRACTOR shall be the beneficial owner of any securities substituted for retention funds withheld and shall

receive any interest thereon.

All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this

Article, including, but not limited to DISTRICT’s overhead and administrative expenses, and expenses of escrow

agent, shall be the responsibility of CONTRACTOR.

If CONTRACTOR shall choose to enter into an escrow agreement, such agreement shall be in the form as set

forth in Public Contract Code Section 22300(f), attached hereto as part of the PROJECT DOCUMENTS, and

which shall allow for the conversion to cash to provide funds to meet defaults by CONTRACTOR including, but

not limited to, termination of CONTRACTOR’s control over the work, stop notices filed pursuant to law,

assessment of liquidated damages, or amounts to be kept or retained under the provisions of the PROJECT

DOCUMENTS.

Securities, if any, shall be returned to CONTRACTOR only upon satisfactory completion of the AGREEMENT.

To minimize the expense caused by such substitution of securities, CONTRACTOR shall, prior to or at the time

CONTRACTOR requests to substitute security, deposit sufficient security to cover the entire amount to be then

withheld and to be withheld under the AGREEMENT . Should the value of such substituted security at any time

fall below the amount for which it was substituted, or any other amount which DISTRICT determines to withhold,

CONTRACTOR shall immediately, and at CONTRACTOR’s expense, deposit additional security qualifying

under Public Contract Code Section 22300 until the total security deposited is no less than equivalent to the

amount subject to withholding under the AGREEMENT.

In the alternative, under Public Contract Code Section 22300, CONTRACTOR, at its own expense, may request

DISTRICT to make payment of earned retention funds directly to the escrow agent. Also at the expense of

CONTRACTOR, CONTRACTOR may direct investment of the payments into securities, and CONTRACTOR

shall receive the interest earned on the investment upon the same conditions as shown in paragraph “a” for

securities deposited by CONTRACTOR. Upon satisfactory completion of the AGREEMENT, CONTRACTOR

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shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from

DISTRICT, pursuant to the terms of Public Contract Code Section 22300.

If any provision of this Article shall be found to be illegal or unenforceable, then, notwithstanding, this Article

otherwise shall remain in full force and effect, and such provision shall be deemed stricken.

FIRE INSURANCE

CONTRACTOR will procure, at CONTRACTOR’s own expense, and before commencement of any work under

the AGREEMENT, fire insurance on the PROJECT. Amount of fire insurance shall be sufficient to protect

against loss or damage in full until work is accepted by DISTRICT. CONTRACTOR shall submit proof of

insurance and shall provide endorsements on forms provided by DISTRICT or on forms approved by DISTRICT.

PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

CONTRACTOR shall take out and maintain during the life of the AGREEMENT such public liability and

property damage insurance as shall protect CONTRACTOR and DISTRICT from all claims for personal injury,

including accidental death, to any person (including, as to DISTRICT, injury or death to CONTRACTOR’s or

SUBCONTRACTOR’s employees), as well as from all claims for property damage arising from operations under

the AGREEMENT, in amounts as set forth in the AGREEMENT.

CONTRACTOR shall require its SUBCONTRACTORS to take out and maintain similar public liability and

property damage insurance in like amounts or insure the activities of its SUBCONTRACTORS in

CONTRACTOR’s own policy.

CONTRACTOR, during the progress of the work on the PROJECT, and until notified in writing by DISTRICT

that CONTRACTOR may cease insurance coverage, shall maintain Builder’s Risk/“All Risk,” course-of-

construction insurance in an amount not less than as set forth in the AGREEMENT. Coverage is to provide

extended coverage and insurance against vandalism, malicious mischief, perils of fire, sprinkler leakage, civil

authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including

demolition), and reasonable compensation for ARCHITECT’s services and expenses required as a result of such

insured loss upon the entire work which is the subject of the PROJECT DOCUMENTS, including completed

work and work in progress to the full insurable amount thereof. The risk of damage to the work due to the perils

covered by the Builder’s Risk/“All Risk” Insurance, as well as any other hazards which might result in damage to

the work, is that of CONTRACTOR and the surety, and no claims for such loss or damage shall be recognized by

DISTRICT nor will such loss or damage excuse the complete and satisfactory performance of the AGREEMENT

by CONTRACTOR.

CONTRACTOR shall submit proof of insurance and shall provide endorsements on the forms provided by

DISTRICT or on forms approved by DISTRICT. Such insurance shall be issued by admitted surety insurers

under the same conditions as required for bonds on the PROJECT.

WORKERS’ COMPENSATION INSURANCE

In accordance with the provisions of Labor Code Section 3700, CONTRACTOR and every SUBCONTRACTOR

shall be required to secure the payment of compensation to its employees.

CONTRACTOR shall provide, during the term of the AGREEMENT, workers’ compensation insurance for all of

its employees engaged in work under the AGREEMENT, on or at the site of the PROJECT, and CONTRACTOR

shall require the SUBCONTRACTORS similarly to provide workers’ compensation insurance for all the

SUBCONTRACTOR’s employees. Any class of employee not covered by a SUBCONTRACTOR’s insurance

shall be covered by CONTRACTOR’s insurance. In case any class of employees engaged in work under the

AGREEMENT, on or at the site of the PROJECT, is not protected under workers’ compensation law,

CONTRACTOR shall provide or shall cause a SUBCONTRACTOR to provide, adequate insurance coverage for

the protection of such employees not otherwise protected before SUBCONTRACTOR commences work.

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CONTRACTOR shall file with DISTRICT certificates of its insurance protecting workers, and a 30-day notice

shall be provided to DISTRICT before the cancellation or reduction of any policy of CONTRACTOR or

SUBCONTRACTOR. CONTRACTOR shall submit proof of insurance and shall provide endorsements on the

forms provided by DISTRICT or on forms approved by DISTRICT.

PROOF OF INSURANCE

CONTRACTOR shall not commence work, nor shall it allow any SUBCONTRACTOR to commence work,

under the AGREEMENT until all required insurance certificates and endorsements from admitted surety insurers

have been obtained and delivered in duplicate to and approved by DISTRICT. Such insurance shall be issued by

admitted surety insurers under the same conditions as required for bonds on the PROJECT. CONTRACTOR

shall provide proof of insurance on DISTRICT approved forms without revisions.

Certificates and insurance policies shall include the following:

A clause stating:

“This policy shall not be canceled or reduced in required limits of liability or amount of insurance

until notice has been mailed to DISTRICT stating date of cancellation or reduction. Date of

cancellation or reduction may not be less than 30 days after date of mailing notice.”

Language stating in particular those insured, extent of insurance, location and operation to which insurance

applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.

Statement that DISTRICT is an additional insured under the policy described and that such insurance policy shall

be primary to any insurance or self-insurance maintained by DISTRICT.

In case of CONTRACTOR’s failure to provide insurance as required by the AGREEMENT, DISTRICT may, at

DISTRICT’s option, take out and maintain at the expense of CONTRACTOR, such insurance in the name of

CONTRACTOR, or SUBCONTRACTOR, as DISTRICT may deem proper and may deduct the cost of taking out

and maintaining such insurance from any sums which are due or to become due to CONTRACTOR under the

AGREEMENT.

DRAWINGS AND SPECIFICATIONS

Drawings and Specifications are intended to delineate and describe the PROJECT and its component parts to such

a degree as will enable skilled and competent contractors to intelligently bid upon the work, and to carry the work

to a successful conclusion.

Drawings and Specifications are intended to comply with all laws, ordinances, rules, and regulations of

constituted authorities having jurisdiction, and where referred to in the PROJECT DOCUMENTS, said laws,

ordinances, rules, and regulations shall be considered as a part of the AGREEMENT within the limits specified.

CONTRACTOR shall bear all expenses of correcting work done contrary to said laws, ordinances, rules, and

regulations, and if CONTRACTOR performed same (1) without first consulting ARCHITECT for further

instructions regarding said work, or (2) disregarded ARCHITECT’s instructions regarding said work.

Questions regarding interpretation of Drawings and Specifications shall be clarified by ARCHITECT. Before

commencing any portion of the work, CONTRACTOR shall carefully examine all Drawings and Specifications

and other information given to CONTRACTOR. CONTRACTOR shall immediately notify ARCHITECT and

DISTRICT in writing of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation

in the Drawings and Specifications. If CONTRACTOR or its SUBCONTRACTORS, material or equipment

suppliers, or any of their respective officers, agents, or employees performs, permits, or causes the performance of

any work under the PROJECT DOCUMENTS, which it knows or should have known to be in error, inconsistent,

or ambiguous, or not sufficiently detailed or explained, CONTRACTOR shall bear any and all costs arising

therefrom including, without limitation, the cost of correction thereof. In the event that ARCHITECT determines

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that CONTRACTOR’s requests for clarification or interpretation are not justified or do not reflect adequate

competent supervision or knowledge by the CONTRACTOR or the SUBCONTRACTORS, CONTRACTOR

shall be required to pay ARCHITECT’s reasonable and customary fees in processing and responding to such

requests. Should CONTRACTOR commence work or any part thereof without seeking clarification,

CONTRACTOR waives any claim for extra work or damages as a result of any ambiguity, conflict, or lack of

information.

Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not

particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale

drawings shall take precedence over smaller scale drawings as to shape and details of construction. Specifications

shall govern as to materials, workmanship, and installation procedures. Drawings and Specifications are intended

to be fully cooperative and to agree. If CONTRACTOR observes that Drawings and Specifications are in

conflict, CONTRACTOR shall promptly notify ARCHITECT in writing, and any necessary changes shall be

adjusted as provided in the PROJECT DOCUMENTS; provided, however, that specifications calling for the

higher quality material or workmanship shall prevail without additional cost to DISTRICT.

Materials or work described in words which so applied has a well known technical or trade meaning shall be

deemed to refer to such recognized standards.

It is not the intention of the AGREEMENT to go into detailed descriptions of any materials or methods

commonly known to the trade under “trade name” or “trade term.” The mere mention or notation of such trade

name or trade term shall be considered a sufficient notice to CONTRACTOR that it will be required to complete

the work so named with all its incidental and accessory items according to the best practices of the trade.

The naming of any material or equipment shall mean furnishing and installing of same, including all incidental

and accessory items thereto and labor necessary to achieve full and complete functioning of the material and/or

equipment as per best practices of the trades involved, unless specifically noted otherwise.

ARCHITECT will furnish to CONTRACTOR one complete set of blue-line prints for posting of changes.

Additional blue-line prints shall be provided by ARCHITECT upon payment by CONTRACTOR. During the

construction period, CONTRACTOR shall maintain the set of blue-line prints in a satisfactory record condition,

and shall thoroughly and neatly post, as they occur, all additions, deletions, corrections, and revisions in the actual

construction of the PROJECT. The record drawings must be posted monthly and be current prior to each

submission of each certificate of payment.

OWNERSHIP OF DRAWINGS

All plans, drawings, designs, specifications, other incidental architectural and engineering work or materials, and

other PROJECT DOCUMENTS, and copies thereof furnished by DISTRICT are DISTRICT’s property. They are

not to be used in other work and are to be returned to DISTRICT upon request at completion of work, and may be

used by DISTRICT as it may require, without any additional costs to DISTRICT.

DETAIL DRAWINGS AND INSTRUCTIONS

In case of ambiguity, conflict, or lack of information, ARCHITECT shall furnish additional instructions by means

of drawings or otherwise, necessary for proper execution of work. All such drawings and instructions shall be

consistent with PROJECT DOCUMENTS, true developments thereof, and reasonably inferable therefrom. Such

additional instructions shall be furnished with reasonable promptness, provided that CONTRACTOR informs

ARCHITECT of the relationship of the request to the critical path of construction.

Work shall be executed in conformity therewith and CONTRACTOR shall do no work without proper drawings

and instructions.

ARCHITECT will furnish necessary additional details to more fully explain the work, which details shall be

considered as part of the PROJECT DOCUMENTS.

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Should any details be more elaborate, in the opinion of CONTRACTOR, than scale Drawings and Specifications

warrant, CONTRACTOR shall give written notice thereof to ARCHITECT within five days of the receipt of

same. In case no notice is given to ARCHITECT within five days, it will be assumed the details are reasonable

development of the scale drawings. In case notice is given, then it will be considered, and if found justified,

ARCHITECT will either modify the drawings or shall recommend to DISTRICT a change order for the extra

work involved.

All parts of the described and shown construction shall be of the best quality of their respective kinds, and

CONTRACTOR is hereby advised to use all diligence to become fully involved as to the required construction

and finish, and in no case to proceed with the different parts of the work without obtaining first from

ARCHITECT such directions and/or drawings as may be necessary for the proper performance of the work.

If it is found at any time, before or after completion of the work, that the CONTRACTOR has varied from the

Drawings and Specifications, in materials, quality, form, or finish, or in the amount or value of the materials and

labor used, ARCHITECT shall make a recommendation: (1) that all such improper work should be removed,

remade, and replaced, and all work disturbed by these changes be made good at CONTRACTOR’s expense; or

(2) that DISTRICT deduct from any amount due CONTRACTOR, the sum of money equivalent to the difference

in value between the work performed and that called for by the Drawings and Specifications. ARCHITECT shall

determine such difference in value. DISTRICT, at its option, may pursue either recommendation made by

ARCHITECT.

SHOP DRAWINGS

CONTRACTOR shall check and verify all field measurements and shall submit to ARCHITECT within the time

periods identified in the project plans and specifications, all shop or setting list drawings, schedules, and materials

list required for the work of various trades. ARCHITECT shall review such drawings, schedules, and materials

list only for conformance with design concept of the PROJECT and compliance with information given in

PROJECT DOCUMENTS, and return as approved or disapproved with guidance as to required corrections.

CONTRACTOR shall make any corrections required by ARCHITECT, re-transmit the same number of corrected

copies as the original submittal with ARCHITECT, and furnish such other copies as may be needed for

construction within the time period mandated by the Construction Manager. ARCHITECT’s approval of such

drawings, schedules, or materials list shall not relieve CONTRACTOR from responsibility for deviations unless

CONTRACTOR has in writing called ARCHITECT’s attention to such deviations at time of submission and

secured ARCHITECT’s written approval, nor shall it relieve CONTRACTOR from responsibility for errors in

shop drawings or schedules.

All submittals of shop drawings, catalog cuts, data sheets, schedules, and material lists shall be complete and shall

conform to Drawings and Specifications.

The term “shop drawing” as used herein shall be understood to include, but not be limited to, detail design

calculations, fabrication and installation drawings, lists, graphs, and operating instructions.

Shop drawings shall be submitted at a time sufficiently early to allow review of same by the Division of State

Architect (“DSA”), if required, and ARCHITECT, and to accommodate the rate of construction progress required

under the PROJECT DOCUMENTS. CONTRACTOR will be required to pay ARCHITECT’s reasonable and

customary fees in order to expedite review of shop drawings which are not submitted in a timely fashion.

All shop drawing submittals shall be accompanied by an accurately completed transmittal form using the format

bound herein. Any shop drawing submittal not accompanied by such a form, or where all applicable items on the

form are not completed, will be returned for resubmittal. CONTRACTOR may authorize a material or equipment

supplier to deal directly with ARCHITECT with regard to shop drawings; however, ultimate responsibility for the

accuracy and completeness of the information contained in the submittal shall remain with CONTRACTOR.

Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for

which a submittal is required. Transmittal of shop drawings on various items using a single transmittal form will

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be permitted only when the items taken together constitute a manufacturer’s “package” or are so functionally

related that expediency indicates review of the group or package as a whole. At its option, CONTRACTOR or

the supplier may obtain from ARCHITECT quantities of the shop drawing transmittal form at reproduction cost.

CONTRACTOR’s review and approval of shop drawings shall include the following stamp:

“CONTRACTOR has reviewed and approved not only the field dimensions but

the construction criteria, and also has made written notation regarding any

information in the shop drawings that does not conform to the PROJECT

DOCUMENTS. This shop drawing has been coordinated with all other shop

drawings received to date by CONTRACTOR and this duty of coordination has

not been delegated to SUBCONTRACTORS, material suppliers, ARCHITECT,

or the engineers on the PROJECT.

Signature of CONTRACTOR”

ARCHITECT will return one or more prints of each drawing to CONTRACTOR with its comments noted

thereon. CONTRACTOR shall make a complete and acceptable submittal to ARCHITECT by the second

submission of drawings. DISTRICT shall withhold funds due to CONTRACTOR to cover additional costs of

ARCHITECT’s review beyond the second submission and any other costs incurred by DISTRICT.

If prints of the shop drawing are returned to CONTRACTOR marked “NO EXCEPTIONS TAKEN,” formal

revision of said drawing will not be required. If prints of the drawing are returned to CONTRACTOR marked

“MAKE CORRECTIONS NOTED,” formal resubmittal of said drawings will not be required. If prints of the

drawing are returned to CONTRACTOR marked “REVISE AND RESUBMIT,” CONTRACTOR shall revise

said drawing and shall resubmit six copies of the revised drawing to ARCHITECT. If prints of the drawing are

returned to CONTRACTOR marked “REJECTED RESUBMIT,” CONTRACTOR shall resubmit six new copies

of the drawing to ARCHITECT.

Fabrication of an item shall not be commenced before ARCHITECT has reviewed the pertinent shop drawings

and returned copies to CONTRACTOR marked with “NO EXCEPTIONS TAKEN,” or “MAKE

CORRECTIONS NOTED.” Revisions indicated on shop drawings shall be considered as changes necessary to

meet the requirements of the PROJECT DOCUMENTS and shall not be taken as the basis of claims for extra

work. The review of such drawings by ARCHITECT will be limited to checking for general agreement with the

PROJECT DOCUMENTS, and shall in no way relieve CONTRACTOR of responsibility for errors or omissions

contained therein, nor shall such review operate to waive or modify any provision contained in the PROJECT

DOCUMENTS. Fabricating dimensions, quantities of material, applicable code requirements, and other contract

requirements shall be CONTRACTOR’s responsibility.

No work represented by required shop drawings shall be purchased or commenced until the applicable submittal

has been approved. The work shall conform to the approved shop drawings and all other requirements of the

PROJECT DOCUMENTS. CONTRACTOR shall not proceed with any related work which may be affected by

the work covered under shop drawings until the applicable shop drawings have been approved, particularly where

piping, machinery, and equipment and the required arrangements and clearances are involved.

Except where the preparation of a shop drawing is dependent upon the approval of a prior shop drawing, all shop

drawings pertaining to the same class or portion of the work shall be submitted simultaneously.

Calculations of a structural nature must be approved by DSA.

CONTRACTOR SHALL HAVE NO CLAIM FOR DAMAGES OR EXTENSION OF TIME DUE TO ANY

DELAY RESULTING FROM CONTRACTOR HAVING TO MAKE REQUIRED REVISIONS TO SHOP

DRAWINGS UNLESS REVIEW BY ARCHITECT OF SAID DRAWINGS IS DELAYED BEYOND THE

TIME PROVIDED HEREIN AND CONTRACTOR CAN ESTABLISH THAT ARCHITECT’s DELAY IN

REVIEW ACTUALLY RESULTED IN A DELAY IN CONTRACTOR’S CONSTRUCTION SCHEDULE.

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CONTRACTOR SHALL NOT BE ENTITLED TO ANY CLAIM FOR DAMAGES RESULTING FROM DSA

REVIEW EXTENDING BEYOND 15 CALENDAR DAYS AFTER SUBMITTAL. HOWEVER, DISTRICT

MAY CONSIDER AN EXTENSION OF TIME DUE TO ANY DELAY CAUSED BY DSA REVIEW.

LAYOUT AND FIELD ENGINEERING

All field engineering required for laying out of this work and establishing grades for earthwork operations shall be

furnished by CONTRACTOR at its expense. Such work shall be done by a qualified civil engineer approved by

the ARCHITECT. Any required “Record” drawings of site development shall be prepared by the approved civil

engineer.

SOILS INVESTIGATION REPORT

When a soils investigation report has been obtained from test holes at the site, such report is available for

CONTRACTOR’s use in preparing its bid and work under the AGREEMENT, but such report shall not be part of

the AGREEMENT. Any information obtained from such report or any information given on drawings as to

surface and subsurface soil condition or to elevations of existing grades or elevations of underlying rock is

approximate only, is not guaranteed, and does not form a part of the AGREEMENT. CONTRACTOR is required

to make a visual examination of site and must make whatever test CONTRACTOR deems appropriate to

determine surface and subsurface soil conditions. If, during the course of work under the AGREEMENT,

CONTRACTOR encounters subsurface or latent conditions which differ materially from those indicated in the

soils investigation report, then CONTRACTOR shall notify DISTRICT within five working days of discovery of

the condition.

WARNING: DISTRICT DOES NOT WARRANT THE SOILS AT THE PROJECT SITE NOR ANY

INFORMATION CONTAINED IN ANY SOILS REPORT. SOILS INVESTIGATION REPORT IS

PROVIDED FOR CONTRACTOR’S INFORMATION ONLY. CONTRACTOR IS TO CONDUCT AN

INDEPENDENT INVESTIGATION OF THE PROJECT SITE AND THE SOILS CONDITIONS OF

THE SITE. DISTRICT DOES NOT WARRANT THE SOILS CONDITIONS OF THE SITE AND

CONTRACTOR IS FULLY RESPONSIBLE TO ASCERTAIN SITE CONDITIONS FOR THE

PURPOSES OF DETERMINING CONSTRUCTION MEANS AND METHODS PRIOR TO

COMMENCING CONSTRUCTION.

CONTRACTOR agrees that no claim against DISTRICT will be made by CONTRACTOR for damages and

hereby waives any rights to damages in the event that during progress of work CONTRACTOR encounters

subsurface or latent conditions at the worksite materially different from those shown on drawings or indicated in

specifications.

TESTS AND INSPECTIONS

Tests and inspections will comply with California Code of Regulations and with all other laws, ordinances, rules,

regulations, and orders of public authorities having jurisdiction over the PROJECT.

If the AGREEMENT, DISTRICT’s instructions, laws, ordinances, or any public authority require any work to be

specially tested or approved, CONTRACTOR shall give notice in accordance with such authority of its readiness

for observation or inspection at least two working days prior to being tested or covered up. If inspection is by

authority other than DISTRICT, CONTRACTOR shall inform the Inspector of the date fixed for such inspection.

Required certificates of inspection shall be secured by CONTRACTOR. Observations by the Inspector shall be

promptly made, and where practicable, at source of supply. If any work should be covered up without approval or

consent of the Inspector, it must be uncovered for examination and satisfactorily reconstructured at

CONTRACTOR’s expense in compliance with the AGREEMENT. Costs of tests, inspections, and any materials

found to be not in compliance with the AGREEMENT shall be paid for by CONTRACTOR. Other costs for test

and inspection shall be paid by DISTRICT.

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TRENCHES

CONTRACTOR shall provide adequate sheeting, shoring, and bracing, or equivalent method, for the protection

of life and limb in trenches and open excavation which conform to applicable safety standards.

If the AGREEMENT involves the excavation of any trench or trenches five feet or more in depth, and the

PROJECT cost is in excess of $25,000, CONTRACTOR shall, in advance of excavation, submit to DISTRICT for

acceptance, or to whomever DISTRICT designates, which may include a registered civil or structural engineer

employed by DISTRICT to whom authority to accept has been delegated, a detailed plan showing the design of

shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground

during the excavation of such trench or trenches. If such plan varies from the Shoring System Standards

established by the Construction Safety Orders of the California Division of Industrial Safety, the plan shall be

prepared by a registered civil or structural engineer employed by CONTRACTOR, and all costs therefore shall be

included in the price named in the AGREEMENT for completion of the work as set forth in the PROJECT

DOCUMENTS. In no case shall such plan be less effective than that required by the Construction Safety Orders.

No excavation of such trench or trenches shall be commenced until said plan has been accepted by CAL-OSHA

and a CAL-OSHA permit for such plan delivered to DISTRICT. (Labor Code Sections 6500 and 6705; Health

and Safety Code Section 17922.5)

If the AGREEMENT involves the digging of trenches or excavations that extend deeper than four feet below the

surface, the following shall apply pursuant to Public Contract Code Section 7104:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify DISTRICT, in writing,

of any:

Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Health and Safety

Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance

with provisions of existing law.

Subsurface or latent physical conditions at the site different from those indicated.

Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily

encountered and generally recognized as inherent in work of the character provided for in the contract.

DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or

do involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required

for, performance of any part of the work shall issue a change order under the procedures described in the

PROJECT DOCUMENTS.

In the event a dispute arises between DISTRICT and CONTRACTOR, whether the conditions materially differ or

involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for,

performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date

provided for by the PROJECT DOCUMENTS, but shall proceed with all the work to be performed under the

PROJECT DOCUMENTS. CONTRACTOR shall retain all rights provided in the AGREEMENT and in law

which pertain to the resolution of disputes and protests.

PROJECT DOCUMENTS AT WORK SITE

CONTRACTOR shall keep on the work site at all times one legible copy of all PROJECT DOCUMENTS,

including addenda and change orders, and all approved drawings, plans, schedules, and specifications. The

PROJECT DOCUMENTS shall be kept in good order and available to ARCHITECT, DISTRICT, and all public

authorities having jurisdiction. CONTRACTOR shall be acquainted with and comply with all laws and

regulations relating to the PROJECT.

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STATE AUDIT

Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any amendments

thereto, all books, records, and files of DISTRICT, CONTRACTOR, or any SUBCONTRACTOR involving the

expenditure of public funds in excess of $10,000 including, but not limited to, the costs of administration of the

AGREEMENT, shall be subject to the examination and audit of the State Auditor at the request of DISTRICT or

as part of any audit of DISTRICT for a period of three years after final payment is made under the

AGREEMENT.

SUBSTITUTIONS

Prior to Bid Opening. Should the bidder wish to request prior to bid opening, any substitution for the materials,

process, service, or equipment specified, the bidder shall submit a written request at least ten working days before

the bid opening date and hour. If the substituted item is acceptable, DISTRICT will approve it in an Addendum

issued to all bidders of record. Requests received less than ten working days prior to bid opening will not be

considered. DISTRICT shall consider substitution requests only from bidders submitting the bid for the

PROJECT.

After Bid Opening and Prior to Award of Contract. If the bidder clearly indicates in its bid that it is proposing

to use an “equal” product, the brand name or trade name, if any, of a proposed substitute item shall be inserted in

the space provided in the bid or shall be otherwise clearly identified in the bid. If the bidder fails to indicate an

“equal” product, its bid shall be considered as offering the material, process, service, or equipment referred to by

the brand name or trade name specified. It is expressly understood and agreed to by the bidder that DISTRICT

reserves the right to reject any such proposed substituted item. It is further expressly understood and agreed by

bidder that in the event DISTRICT rejects a proposed “equal” item, the bidder will then supply the material,

process, service, or equipment designated by brand name or trade name or a substitute therefore which meets with

the approval of DISTRICT.

With respect to all proposed substitutions of “equal” items, the bidder shall submit all pertinent and appropriate

data substantiating its request for substitutions within 10 days prior to the award of the contract. DISTRICT shall

consider substitution requests only from the bidders submitting the bid for the PROJECT. DISTRICT is not

responsible for locating or securing any information which is not included in such substantiating data. The

burden of proof as to the quality or suitability of proposed substituted items shall be borne by the bidder.

DISTRICT shall be the sole judge as to the quality and suitability of proposed substituted items, and decisions of

DISTRICT shall be final and conclusive. Unless extended by the mutual agreement of the Parties, DISTRICT

shall notify the successful bidder of the decision concerning the proposed substitution of “equal” items prior to the

award of the contract. Also such decisions by DISTRICT shall be in writing, and no proposed substituted item

shall be deemed approved unless DISTRICT has so indicated in writing. These time limitations shall be complied

with strictly, and in no case will an extension of time for completion be granted because of the bidder’s failure to

request the substitution of an item at the times and in the manner set forth herein.

Whenever in specifications any materials, process, service, or equipment is indicated or specified by brand name,

trade name, proprietary name or by name of manufacturer, such specification shall be deemed to be used for the

purpose of facilitating description of material, process, service, or equipment desired and shall be deemed to be

followed by the words “or equal,” and CONTRACTOR may, unless otherwise stated, offer any material, process,

service, or equipment which shall be substantially equal or better in every respect to that so indicated or specified

subject to DISTRICT or ARCHITECT approval.

If material, process, service, or equipment offered by CONTRACTOR is not, in opinion of ARCHITECT or

DISTRICT, substantially equal or better in every respect to that specified, then CONTRACTOR shall furnish the

material, process, service, or equipment specified. Burden of proof as to equality of any material, process, service,

or equipment shall rest with CONTRACTOR. Provision authorizing submission of “or equal” substantiating data

shall not in any way authorize an extension of time for performance of the AGREEMENT nor shall DISTRICT

nor ARCHITECT authorize the submission of “or equal” substantiating data within 30 days of the filing of the

Notice of Completion on the PROJECT.

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In the event that CONTRACTOR furnishes material, process, service, or equipment other than what was specified

by DISTRICT and which has been accepted by DISTRICT and which later is found to be defective, then

CONTRACTOR, at its sole cost and expense, shall furnish DISTRICT specified material, process, service, or

equipment or fully replace with new the defective material process, service, or equipment at DISTRICT’s

discretion.

In the event that CONTRACTOR furnishes material, process service, or equipment more expensive than that

specified, difference in cost of such material, process, service, or equipment so furnished shall be borne by

CONTRACTOR. Any engineering, design fees, or approval agencies' fees required to make adjustments in

material or work of all trades directly or indirectly affected by the approved substituted items shall be borne

entirely by CONTRACTOR. Any difference in cost between an approved substitution which is lower in cost than

the originally specified item shall be refunded or credited by CONTRACTOR to DISTRICT.

Price, fitness, and quality being equal with regard to supplies, DISTRICT may prefer supplies grown,

manufactured, or produced in California and next prefer supplies partially manufactured, grown, or produced in

California, provided that the bids of said suppliers or the prices quoted by them do not exceed by more than 5% of

the lowest bids/prices quoted by out-of-state suppliers, the major portion of the manufacture of the supplies is not

done outside of California and the public good will be served thereby. (Government Code Sections 4330-4334)

SAMPLES

CONTRACTOR shall furnish for approval, all samples as required in specifications together with catalogs and

supporting data required by ARCHITECT. This provision shall not authorize any extension of time for

performance of the work. ARCHITECT shall review such samples, as to conformance with design concept of

work and for compliance with information given in the PROJECT DOCUMENTS and approve or disapprove

same within ten working days from receipt of same.

Unless specified otherwise, sampling, preparation of samples, and tests shall be in accordance with the latest

standards of the American Society for Testing and Materials.

Samples shall, upon demand of ARCHITECT or DISTRICT, be submitted for tests or examinations and

considered before incorporation of same into the work. CONTRACTOR shall be solely responsible for delays

due to samples not being submitted in time to allow for tests. Acceptance or rejection will be expressed in

writing. Work shall be equal to approved samples in every respect. Samples which are of value after testing will

remain the property of CONTRACTOR.

PROGRESS SCHEDULE

Within five calendar days after being awarded the contract, CONTRACTOR shall submit a progress schedule for

DISTRICT’s approval. The schedule shall indicate the beginning and completion dates of all phases of

construction and shall use the “critical path method” (“CPM”) or equivalent scheduling methodology for the value

reporting, planning, and scheduling, of all work required under the PROJECT DOCUMENTS. The schedule will

separately identify those milestones or events that must be completed before other portions of the work can be

accomplished.

The scheduling is necessary for DISTRICT’s adequate monitoring of the progress of the work, and shall be

prepared in accordance with the time frame described in the AGREEMENT. DISTRICT may disapprove such a

schedule and require modification to it if, in the opinion of ARCHITECT or DISTRICT, adherence to the

progress schedule will cause the work not to be completed in accordance with the AGREEMENT.

CONTRACTOR shall adhere to any such modifications required by DISTRICT.

CONTRACTOR will exchange scheduling information with SUBCONTRACTORS and suppliers.

CONTRACTOR will order work, equipment, and materials with sufficient lead time to avoid interruption of the

work.

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CONTRACTOR shall submit to DISTRICT a monthly schedule to reflect the actual sequence of the work which

shall be totally separate and apart from the original progress schedule.

Also, CONTRACTOR, if requested by ARCHITECT or DISTRICT, shall provide revised schedules within ten

calendar days if, at any time, ARCHITECT or DISTRICT, consider the completion date to be in jeopardy. The

revised schedule shall be designed to show how CONTRACTOR intends to accomplish the work to meet the

original completion date. The form and method employed by CONTRACTOR shall be the same as for the

original progress schedule. CONTRACTOR shall modify any portions of the schedule that become infeasible

because of "activities behind schedule" or for any other valid reason. CONTRACTOR will provide documents

and justification for any schedule changes. An activity that cannot be completed by its original completion date

shall be deemed to be behind schedule.

CONTRACTOR shall submit a revised schedule within ten calendar days of CONTRACTOR’s request for any

extension of time. Failure to submit such schedule will result in CONTRACTOR waiving its right to obtain any

extension of time.

IT IS AGREED THAT DISTRICT OWNS THE “FLOAT” ON THIS PROJECT. IF CONTRACTOR SUBMITS

A REVISED SCHEDULE SHOWING AN EARLIER COMPLETION DATE FOR THE PROJECT,

DISTRICT’s ACCEPTANCE OF THIS REVISED SCHEDULE SHALL NOT ENTITLE CONTRACTOR TO

ANY DELAY CLAIM OR DISRUPTION DAMAGES OR ANY OTHER DAMAGES DUE TO ANY SUCH

REVISED SCHEDULE. NOTHING PROVIDED HEREIN SHALL BE CONSTRUED AS A DIRECT,

INDIRECT, OR IMPLICIT ACCELERATION ORDER TO CONTRACTOR.

CONTRACTOR agrees that failure to timely submit the progress schedule, the monthly schedule, or any revised

progress schedule requested by ARCHITECT or DISTRICT may result in delay in payment to CONTRACTOR.

MATERIALS AND WORK

Except as otherwise specifically stated in the AGREEMENT, CONTRACTOR shall provide and pay for all

materials, supplies, tools, equipment, labor transportation, superintendence, temporary constructions of every

nature, and all other services and facilities of every nature whatsoever necessary to execute and complete the

PROJECT within specified time.

Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted or

specified, and workmanship shall be of good quality.

Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work, and

shall be stored properly and protected as required. DISTRICT has no obligation to pay for any prefabricated

material stored offsite until delivered and installed to the jobsite and inspected and approved by the inspector of

record.

CONTRACTOR shall, after issuance of the Notice to Proceed by DISTRICT, place orders for materials and/or

equipment as specified so that delivery of same may be made without delays to the work. CONTRACTOR shall,

upon demand from ARCHITECT, furnish to ARCHITECT documentary evidence showing that orders have been

placed.

DISTRICT reserves the right, for any neglect in not complying with the above instructions, to place orders for

such materials and equipment as it may deem advisable in order that the work may be completed at the date

specified in the AGREEMENT, and all expenses incidental to the procuring of said materials and/or equipment

shall be paid for by CONTRACTOR.

No materials, supplies, or equipment for work under the AGREEMENT shall be purchased subject to any chattel

mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is

retained by seller or supplier. CONTRACTOR warrants good title to all material, supplies, and equipment

installed or incorporated in work and agrees upon completion of all work to deliver premises, together with all

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improvements and appurtenances constructed or placed thereon by it, to DISTRICT free from any claims, liens, or

charges. CONTRACTOR further agrees that neither it nor any person, firm, or corporation furnishing any

materials or labor for any work covered by the AGREEMENT shall have any right to lien upon premises or any

improvement or appurtenance thereon, except that CONTRACTOR may install metering devices or other

equipment of utility companies or of political subdivisions, title to which is commonly retained by utility

company or political subdivision. In the event of installation of any such metering device or equipment,

CONTRACTOR shall advise DISTRICT as to owner thereof.

Nothing contained in this Article, however, shall defeat or impair the rights of persons furnishing material or labor

under any bond given by CONTRACTOR for their protection or any rights under any law permitting such persons

to look to funds due CONTRACTOR in hand of DISTRICT, and this provision shall be inserted in all

subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials

or labor when no formal contract is entered into for such materials or labor.

The title to new materials and/or equipment and attendant liability for its protection and safety, shall remain in

CONTRACTOR until incorporated in the work and accepted by DISTRICT; no part of said materials or

equipment shall be removed from its place of onsite or offsite storage except for immediate installation in the

work; and CONTRACTOR shall keep an accurate inventory of all said materials and/or equipment in a manner

satisfactory to DISTRICT or its authorized representative.

INTEGRATION OF WORK

CONTRACTOR shall do all cutting, fitting, patching, and preparation of work as required to make its several

parts come together properly, and fit it to receive or be received by work of other contractors or existing

conditions showing upon, or reasonably implied by, the Drawings and Specifications, and shall follow all

directions given by ARCHITECT.

All costs caused by defective or ill-timed work shall be borne by CONTRACTOR.

CONTRACTOR shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut

or alter work of any other contractor without the written consent of ARCHITECT. CONTRACTOR shall be

solely responsible for protecting existing work on adjacent properties and shall obtain all required permits for

shoring and excavations near property lines.

When modifying existing work or installing new work adjacent to existing work, CONTRACTOR shall match, as

closely as conditions of site and materials will allow, the finishes, textures, and colors of the original work,

refinishing existing work as required, at no additional cost to DISTRICT.

CONTRACTOR is aware that the PROJECT may be split into several phases. If the PROJECT is split into

phases, then CONTRACTOR has made allowances for any delays or damages which may arise from coordination

with other contractors for other phases. If any delays should arise from a contractor working on a different phase,

CONTRACTOR’s sole remedy for damages, including delay damages, shall be against the CONTRACTOR who

caused such damage and not DISTRICT. CONTRACTOR shall provide access to other contractors for other

phases as necessary to prevent delays and damages to contractors working on other phases of construction.

OBTAINING OF PERMITS, LICENSES, AND EASEMENTS

Permits, licenses, and certificates necessary for the work on the PROJECT shall be secured and paid for by

CONTRACTOR, unless otherwise specified. All such permits, licenses, and certificates shall be delivered to

ARCHITECT before demand is made for the certificate of final payment. CONTRACTOR shall, and shall

require SUBCONTRACTORS, to maintain contractors’ licenses in effect as required by law.

Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by

DISTRICT, unless otherwise specified.

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Permits and charges for installation, and inspection thereof, of utility services by serving utilities shall be secured

and paid for by DISTRICT.

SURVEYS

Surveys to determine location of property lines and corners will be supplied by DISTRICT. Surveys to determine

locations of construction, grading, and site work, shall be provided by CONTRACTOR.

EXISTING UTILITY LINES; REMOVAL, RESTORATION

Pursuant to Government Code Section 4215, DISTRICT assumes the responsibility for removal, relocation, and

protection of utilities located on the construction site at the time of commencement of construction under the

AGREEMENT with respect to any such utility facilities which are not identified in the plans and specifications.

CONTRACTOR shall not be assessed for liquidated damages for delay in completion of the PROJECT caused by

failure of DISTRICT to provide for removal or relocation of such utility facilities. If CONTRACTOR, while

performing work under the AGREEMENT, discovers utility facilities not identified by DISTRICT in the plans or

specifications, CONTRACTOR shall immediately notify DISTRICT and the utility in writing. CONTRACTOR

shall be compensated according to the provisions in the PROJECT DOCUMENTS governing changes in the

work.

This Article shall not be construed to preclude assessment against the CONTRACTOR for any other delays in

completion of the work. Nothing in this Article shall be deemed to require DISTRICT to indicate the presence of

existing service laterals or appurtenances whenever the presence of such utilities on the construction site can be

inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the

site of the construction.

As part of the work to be performed, CONTRACTOR shall provide the notices and proceed in accordance with

Government Code Sections 4216.2, 4216.3, 4216.4, and 4216.5, and pay all fees and penalties charged pursuant to

Government Code Sections 4216 et seq.

WORK TO COMPLY WITH APPLICABLE LAW

CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to

the work as indicated and specified.

If CONTRACTOR observes that drawings or specifications are at variance therewith, CONTRACTOR shall

promptly notify ARCHITECT in writing and any changes deemed necessary by the ARCHITECT shall be

adjusted as provided for changes in work. If CONTRACTOR performs any work which it knew, or through

exercise of reasonable care should have known, to be contrary to such laws, ordinances, rules, or regulations, and

without such notice to ARCHITECT, CONTRACTOR shall bear all costs arising therefrom. Where plans,

drawings or specifications state that materials, processes, or procedures must be approved by DSA, State Fire

Marshall, or another agency, CONTRACTOR shall be responsible for satisfying the requirements of such

agencies.

ACCESS TO WORK

DISTRICT shall at all times have access to work wherever it is in preparation or progress. CONTRACTOR shall

provide safe and proper facilities for such access so that DISTRICT’s representatives may perform their

functions.

PAYMENTS BY CONTRACTOR

CONTRACTOR shall pay:

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For all transportation and utility services not later than the 20th day of the calendar month following that in which

such services are rendered;

For all materials, tools, and other expendable equipment, to the extent of 90% of the cost thereof, not later than

the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at

site of PROJECT and balance of cost thereof not later than the 30th day following completion of that part of work

in or on which such materials, tools, and equipment are incorporated or used; and

To each of its SUBCONTRACTORS, not later than the 5th day following each payment to CONTRACTOR the

respective amounts allowed CONTRACTOR on account of work performed by the respective

SUBCONTRACTOR to the extent of such SUBCONTRACTOR’s interest therein.

Within seven days from the time that all or any portion of the retentions are received by CONTRACTOR from

DISTRICT, to each of its SUBCONTRACTORS from whom retention has been withheld, each

SUBCONTRACTOR’s share of the retention received. However, if a retention payment received by

CONTRACTOR is specifically designated for a particular SUBCONTRACTOR, payment of the retention shall

be made to the designated SUBCONTRACTOR, if the payment is consistent with the terms of the subcontract.

CONTRACTOR may withhold from a SUBCONTRACTOR its portion of the retentions if a bona fide dispute

exists between the SUBCONTRACTOR and CONTRACTOR. The amount withheld from the retention shall not

exceed 150% of the estimated value of the disputed amount.

INSPECTOR’S FIELD OFFICE

CONTRACTOR shall provide for the exclusive use of the Inspector a temporary field office to be located as

directed by the Inspector and to be maintained until removal is authorized by DISTRICT. The office shall be of

substantial waterproof construction with adequate natural light and ventilation by means of stock design windows.

The door shall have a key-type lock or padlock hasp. A table satisfactory for study of plans and two chairs shall

be provided by CONTRACTOR. CONTRACTOR shall provide and pay for adequate electric lights, telephone

service (not a pay phone), and adequate heat for the field office until authorized removal.

UTILITIES

All utilities, including but not limited to electricity, water, gas, and telephone used on work shall be furnished and

paid for by CONTRACTOR. CONTRACTOR shall furnish and install necessary temporary distribution systems,

including meters, if necessary, from distribution points to points on site where utility is necessary to carry on the

work. When it is necessary to interrupt any existing utility service to make connections, a minimum of 48 hours

advance notice shall be given to DISTRICT and ARCHITECT. Interruptions in utility services shall be of the

shortest possible duration for the work at hand and shall be approved by DISTRICT and ARCHITECT. In the

event that any utility service is interrupted without the required 48-hour notice, then CONTRACTOR shall be

liable for all damage suffered by DISTRICT due to the interruption. Upon completion of work on the PROJECT,

CONTRACTOR shall remove all temporary distribution systems.

CONTRACTOR may, with written permission of DISTRICT, use DISTRICT’s existing utilities by making

prearranged payments to DISTRICT for utilities used by CONTRACTOR for the PROJECT.

SANITARY FACILITIES

CONTRACTOR shall provide sanitary temporary toilet facilities in no fewer numbers than required by law and

such additional facilities as may be directed by the Inspector for the use of all workers. The toilet facilities shall

be maintained in a sanitary condition at all times and shall be left at the site until removal is directed by the

Inspector. Use of toilet facilities in the work under construction shall not be permitted.

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CLEANING UP

CONTRACTOR at all times shall keep work site free from debris such as waste, rubbish, and excess materials

and equipment caused by this work. CONTRACTOR shall not leave debris under, in, or about the work site, but

shall promptly remove same. Upon completion of work, CONTRACTOR shall clean interior and exterior of

building, including fixtures, equipment, walls, floors, ceilings, roofs, window sills, and ledges, horizontal

projections, and any areas where debris has collected. CONTRACTOR shall clean and polish all glass, plumbing

fixtures, and finish hardware and similar finish surfaces and equipment and remove temporary fencing,

barricades, planking, sanitary facilities, and similar temporary facilities from site. If CONTRACTOR fails to

clean up, then DISTRICT shall do so, and the cost thereof shall be charged to CONTRACTOR and deducted from

any payment due to CONTRACTOR.

PATENTS, ROYALTIES, AND INDEMNITIES

The CONTRACTOR shall hold and save DISTRICT, and its trustees, officers, agents, and employees, harmless

from liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented

invention, process, article, or appliance manufactured or used in the performance of the AGREEMENT, including

its use by DISTRICT, unless otherwise specifically provided in the PROJECT DOCUMENTS, and unless such

liability arises from the sole negligence or willful misconduct of DISTRICT.

GUARANTEE

CONTRACTOR warrants that the work (which includes any equipment furnished by CONTRACTOR as part of

the materials) shall: (1) be free from defects in workmanship and material; (2) be free from defects in any design

performed by CONTRACTOR; (3) be new, and conform and perform to the requirements stated in the

specifications and where detail requirements are not so stated, shall conform to applicable industry standards; and

(4) be suitable for the use stated in the specifications.

The warranty period for discovery of defective work shall commence on the date stamped on the Notice of

Completion verifying County recordation, and shall continue for one year, unless otherwise specified in the

PROJECT DOCUMENTS. If, during the warranty period, the work is not available for use due to defective

work, such time of unavailability shall not be counted as part of the warranty period. The warranty period for

corrected defective work shall continue for a duration equivalent to the original warranty period.

DISTRICT shall give CONTRACTOR prompt written notice after discovery of any defective work.

CONTRACTOR shall correct any such defective work, as well as any damage to any other part of the work

resulting from such defective work, and provide repair, replacement, or reimbursement, at its sole expense, in a

manner approved by DISTRICT and with due diligence and dispatch as required to make the work ready for use

by DISTRICT, ordinary wear-and-tear, unusual abuse, or neglect excepted. Such corrections shall include, but

not be limited to, any necessary adjustments, modifications, changes of design (unless of DISTRICT’s design),

removal, repair, replacement, or reinstallation, and shall include all necessary parts, materials, tools, equipment,

transportation charges, and labor as may be necessary, and cost of removal and replacement of work shall be

performed at a time and in such a manner so as to minimize the disruption to DISTRICT’s use of the work.

In the event of failure of CONTRACTOR or Surety to commence and pursue with diligence said repairs or

replacements within ten calendar days after being notified in writing, DISTRICT is hereby authorized to proceed

to have defects repaired or replaced and made good at expense of CONTRACTOR and Surety who hereby agree

to pay costs and charges therefore immediately on demand.

If, in the opinion of DISTRICT, defective work creates a dangerous condition or requires immediate correction or

attention to prevent further loss to DISTRICT or to prevent interruption of operations of DISTRICT, DISTRICT

will attempt to give the written notice required by this Article. If CONTRACTOR or Surety cannot be contacted

or neither complies with DISTRICT’s requirements for correction within a reasonable time as determined by

DISTRICT, DISTRICT may, notwithstanding the provisions of this Article, proceed to make such correction or

provide such attention and the costs of such correction or attention shall be charged against CONTRACTOR and

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Surety. Such action by DISTRICT will not relieve CONTRACTOR and Surety of the guarantees provided in this

Article or elsewhere in the PROJECT DOCUMENTS.

This Article does not in any way limit the guarantees on any items for which a longer guarantee is specified or on

any items for which a manufacturer gives a guarantee for a longer period. CONTRACTOR shall furnish to

DISTRICT all appropriate guarantee or warranty certificates upon completion of the PROJECT or upon request

by DISTRICT.

All guarantees required under this Article shall be in writing on the Guarantee form included in the PROJECT

DOCUMENTS.

CONTRACTOR shall provide to DISTRICT instruction manuals for all items which require same.

Nothing herein shall limit any other rights or remedies available to DISTRICT.

DISTRICT shall collect its reasonable costs and attorneys’ fees in any action to enforce this Article.

DUTY TO PROVIDE FIT WORKERS

CONTRACTOR and SUBCONTRACTORS shall at all times enforce strict discipline and good order among their

employees, and shall not employ on work any unfit person or anyone not skilled in work assigned to such person.

It shall be the responsibility of CONTRACTOR to ensure compliance with this Article.

Any person in the employ of CONTRACTOR or SUBCONTRACTORS whom DISTRICT or ARCHITECT may

deem incompetent, unfit, troublesome, or otherwise undesirable shall be excluded from the work site and shall not

again be employed on it except with written consent of DISTRICT.

WAGE RATES, TRAVEL, AND SUBSISTENCE

Pursuant to the provisions of Labor Code Sections 1770 et seq. BOARD has obtained the applicable general

prevailing rate of per diem wages, and the applicable general prevailing rate for holiday and overtime work for

each craft, classification, or type of worker needed for the PROJECT from the California Department of Industrial

Relations (“DIR”). CONTRACTOR shall post a copy of such wage rates at the work site. Labor Code Section

1773.2. The rates are available on DIR website.

Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times

the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the collective

bargaining agreement applicable to each particular craft, classification, or type of worker employed.

CONTRACTOR shall pay and shall cause to be paid each worker engaged in work on the PROJECT not less than

the general prevailing rate of per diem wages determined by DIR, regardless of any contractual relationship which

may be alleged to exist between CONTRACTOR or any SUBCONTRACTOR and such workers.

CONTRACTOR shall pay and shall cause to be paid to each worker needed to execute the work on the PROJECT

travel and subsistence payments, as such travel and subsistence payments are defined in the applicable collective

bargaining agreements filed with DIR in accordance with Labor Code Section 1773.8.

If during the period this bid is required to remain open, DIR determines that there has been a change in any

prevailing rate of per diem wages in the locality in which this public work is to be performed, such change shall

not alter the wage rates in the Notice Calling for Bids or the contract subsequently awarded.

Pursuant to Labor Code Section 1775, CONTRACTOR shall as a penalty to DISTRICT, forfeit $200 for each

calendar day, or portion thereof, for each worker paid less than the prevailing wages, determined by the Director,

for such craft or classification in which such worker is employed for any public work done under the

AGREEMENT by CONTRACTOR or by any SUBCONTRACTOR under it. The amount of the penalty shall be

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determined by DIR and shall be based on consideration of CONTRACTOR’s mistake, inadvertence, or neglect in

failing to pay the correct prevailing wage, or the previous record of the CONTRACTOR in meeting its prevailing

wage obligations, or CONTRACTOR’s willful failure to pay the correct prevailing wages. A mistake,

inadvertence, or neglect in failing to pay the correct prevailing rate of per diem wage is not excusable. The

difference between such prevailing wage and the amount paid to each worker for each calendar day or portion

thereof for which each worker was paid less than the prevailing wage shall be paid to each worker by

CONTRACTOR.

Any worker employed to perform work on the PROJECT, which work is not covered by any craft or classification

listed in the general prevailing wages determined by DIR shall be paid not less than the minimum rate of wages

specified therein for the craft or classification which most nearly corresponds to work to be performed by them,

and such minimum wage rate shall be retroactive to time of initial employment of such person in such craft or

classification.

Pursuant to Labor Code Section 1773.1, prevailing wages are deemed to include employer payments for health

and welfare, pension, vacation, travel time, and subsistence.

CONTRACTOR shall post at appropriate conspicuous points on the site of the PROJECT, a schedule showing all

determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.

HOURS OF WORK

As provided in Labor Code Sections 1810 et seq., eight hours of labor shall constitute a legal day’s work. The

time of service of any worker employed at any time by CONTRACTOR or by any SUBCONTRACTOR shall be

limited and restricted by the AGREEMENT to eight hours per day, and 40 hours during any one week, except as

hereinafter provided. Notwithstanding the provisions hereinabove set forth, work performed by employees of

CONTRACTOR in excess of eight hours per day and 40 hours during any one week, shall be permitted upon

compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the

basic rate of pay.

The CONTRACTOR shall keep and shall cause each SUBCONTRACTOR to keep an accurate record showing

the name of and actual hours worked each calendar day and each calendar week by each worker employed by

CONTRACTOR in connection with the work or any part of the work contemplated by the AGREEMENT. The

record shall be kept open at all reasonable hours to the inspection of DISTRICT and to DIR.

Pursuant to Labor Code Section 1813, the CONTRACTOR shall pay to DISTRICT a penalty of $25 for each

worker employed by CONTRACTOR or by any SUBCONTRACTOR for each calendar day during which such

worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one

calendar week in violation of the provisions of law.

Any work necessary to be performed after regular working hours or on Sundays or other holidays shall be

performed without additional expense to DISTRICT.

LABOR COMPLIANCE PROGRAM

DISTRICT may elect to and/or may be required to run a Labor Compliance Program (“LCP”) pursuant to Labor

Code Sections 1771.5 and/or 1771.7, and applicable DIR regulations. CONTRACTOR and each

SUBCONTRACTOR performing work on the PROJECT shall comply with the LCP which is incorporated herein

as if fully set forth.

Pursuant to the provisions of Labor Code Section 1771.4 and 1776, CONTRACTOR shall keep, and shall cause

all SUBCONTRACTORS to keep, an accurate payroll record, showing the name, address, social security number,

work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages

paid to each journeyman, apprentice, worker, or other employee employed under this Contract.

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CONTRACTOR shall maintain and furnish to the Department of Industrial Relations and the DISTRICT, or its

designated representative, on a periodic basis as directed by DISTRICT, but in no event less frequent than once

each month, certified copies of weekly payroll records, signed under penalty of perjury. The Department of

Industrial Relations shall monitor and enforce the obligation of the Contractor and Subcontractors of every tier to

pay laborers performing any portion of Work on the Project. Furthermore, the DISTRICT, or its designated

representative, may review the payroll records to verify compliance with the general prevailing rates of per diem

wages requirements and shall conduct audits as it deems necessary. If the payroll records are delinquent or

inadequate, DISTRICT shall withhold contract payments. Additionally, if, after an investigation, it is established

that an underpayment occurred, DISTRICT shall withhold contract payments equal to the amount of

underpayment and applicable penalties. DISTRICT thereafter shall follow the notice requirements as provided in

Labor Code Section 1771.6.

Said payroll records shall be certified under penalty of perjury and shall be available for inspection at all

reasonable hours at the principal office of CONTRACTOR on the following basis:

A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the

employee or his or her authorized representative on request.

A certified copy of all payroll records shall be made available for inspection at no cost, or furnished upon request

to any representative of DISTRICT, the Division of Labor Standards Enforcement (“DLSE”), and the Division of

Apprenticeship Standards (“DAS”) of Department of Industrial Relations (DIR).

A certified copy of all payroll records shall be made available upon request by the public for inspection or for

copies thereof. However, a request by the public shall be made through DISTRICT, DAS, or DIR. If the

requested payroll records have not been provided, the requesting Party shall, prior to being provided the records,

reimburse the costs of preparation by CONTRACTOR, SUBCONTRACTORS, and the entity through which the

request was made. The public shall not be given access to the payroll records at the principal office of

CONTRACTOR.

The form of certification shall be as follows:

I, (Name, the undersigned, am (position in

business) with the authority to act for and on behalf of

___________________________________________ (Name of business and/or

CONTRACTOR), certify under penalty of perjury that the records or copies thereof submitted

and consisting of _______________________________

__________________________________________________________________

(description, number of pages) are in compliance with Labor Code Sections 1771, 1811, and

1815 and are the originals or true, full and correct copies of the originals which depict the payroll

record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or

individuals named.

Dated: Signature:

The certified payroll records shall be on forms provided by DIR or shall contain the same information as the

forms provided by DIR.

CONTRACTOR or any SUBCONTRACTOR shall file a certified copy of the payroll records with the entity that

requested the records within ten days after receipt of a written request. In the event that CONTRACTOR or any

SUBCONTRACTOR fails to comply within the 10-day period, CONTRACTOR or SUBCONTRACTOR shall,

as a penalty to DISTRICT, forfeit $100 for each calendar day, or portion thereof, for each worker, until strict

compliance is effectuated. Upon the request of the DAS or DLSE, these penalties shall be withheld from progress

payments then due. Labor Code Section 1776(h).

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Any copy of payroll records made available for inspection as copies and furnished upon request to the public or

any public agency by DISTRICT, DAS, or DLSE, shall be marked or obliterated in a manner so as to prevent

disclosure of an individual’s name, address, and social security number. The name and address of

CONTRACTOR or the SUBCONTRACTOR performing work on the PROJECT shall not be marked or

obliterated.

CONTRACTOR or SUBCONTRACTOR shall inform DISTRICT of the location of the payroll records,

including the street address, city, and county, and shall, within five working days, provide a notice of change of

location and address.

It shall be a material obligation of CONTRACTOR to ensure compliance with the provisions of this Article and

the provisions of Labor Code Section 1771.4 and 1776.

APPRENTICES

It shall be the responsibility of CONTRACTOR to ensure compliance with this Article and with Labor Code

Section 1777.5, as applicable, for all apprenticing occupations.

Apprentices of any crafts or trades may be employed and, when required by Labor Code Section 1777.5, shall be

employed provided they are properly registered in full compliance with the provisions of law.

Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or

trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or

she is registered.

Only apprentices, as defined in Labor Code Section 3077, who are in training under apprenticeship standards and

written apprentice agreements under Labor Code Sections 3070et seq., are eligible to be employed on the

PROJECT. The employment and training of each apprenticeship shall be in accordance with the provisions of the

apprenticeship standards and apprentice agreements under which he or she is training.

Pursuant to Labor Code Section 1777.5, CONTRACTOR and any SUBCONTRACTORS employing workers in

any apprenticeship craft or trade in performing any work under the AGREEMENT shall employ apprentices in at

least the ratio set forth in Labor Code Section 1777.5, and apply to the applicable joint apprenticeship committee

for a certificate approving CONTRACTOR or SUBCONTRACTOR under the applicable apprenticeship

standards for the employment and training of apprentices.

CONTRACTOR and SUBCONTRACTORS shall submit contract award information to the applicable joint

apprenticeship committee which shall include an estimate of journeyman hours to be performed under the

AGREEMENT, the number of apprentices to be employed, and the approximate dates the apprentices will be

employed.

If CONTRACTOR or SUBCONTRACTOR willfully fails to comply with Labor Code Section 1777.5, then, upon

a determination of noncompliance by DAS, CONTRACTOR or SUBCONTRACTOR shall be subject to the

penalties imposed under Labor Code Section 1777.7. Interpretation and enforcement of these provisions shall be

in accordance with the rules and procedures of the California Apprenticeship Council.

CONTRACTOR and all SUBCONTRACTORS shall comply with Labor Code Section 1777.6 which section

forbids certain discriminatory practices in the employment of apprentices.

CONTRACTOR shall become fully acquainted with the law regarding apprentices prior to commencement of the

work. Special attention is directed to Labor Code Sections 1777.5, 1777.6, and 1777.7, and Title 8, California

Code of Regulations, Sections 200, et seq.

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LABOR - FIRST AID

CONTRACTOR shall maintain emergency first aid treatment for CONTRACTOR’s and SUBCONTRACTORS’

workers on the PROJECT which complies with the federal Occupational Safety and Health Act of 1970 (29

U.S.C.. Sections 651 et seq.).

PROTECTION OF PERSONS AND PROPERTY

CONTRACTOR shall be responsible for all damages to persons or property that occur as a result of its fault or

negligence in connection with the prosecution of this AGREEMENT and shall take all necessary measures and be

responsible for the proper care and protection of all materials delivered and work performed until completion and

final acceptance by DISTRICT. CONTRACTOR shall provide such heat, covering, and enclosures as are

necessary to protect all work, materials, equipment, appliances, and tools against damage by weather conditions.

All work shall be solely at the CONTRACTOR’s risk, with the exception of damage to the work caused by “acts

of God” as defined in Public Contract Code Section 7105(b)(2).

CONTRACTOR shall take, and require SUBCONTRACTORS to take, all necessary precautions for safety of

workers and shall comply with all applicable federal, state, local, and other safety laws, standards, orders, rules,

regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the work site

and to provide a safe and healthful place of employment. CONTRACTOR shall furnish, erect, and properly

maintain, at all times, as directed by DISTRICT or ARCHITECT, or as required by conditions and progress of

work, all necessary safety devices, safeguards, construction canopies, signs audible devices for protection of the

blind, safety rails, belts and nets, barriers, lights, and watchmen for protection of workers and the public, and shall

post danger signs warning against hazards created by such features in the course of construction.

CONTRACTOR shall designate a responsible employee, whose duty shall be to post information regarding

protection and obligations of workers and other notices required under occupational safety and health laws, to

comply with reporting and other occupational safety requirements, and to protect the life, safety, and health of

workers. The name and position of the person so designated shall be reported in writing to DISTRICT by

CONTRACTOR. CONTRACTOR shall correct immediately any violations of safety laws, standards, orders,

rules, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety

and Health of DIR, such violation shall be corrected immediately by CONTRACTOR at CONTRACTOR’s sole

expense.

In an emergency affecting the safety of persons or of work or of adjoining property, CONTRACTOR, without

special instruction or authorization from ARCHITECT or DISTRICT, is hereby permitted to act, at its discretion,

to prevent such threatened loss or injury; and CONTRACTOR shall so act if so authorized or instructed by

ARCHITECT or DISTRICT. Any compensation claimed by CONTRACTOR on account of emergency work

shall be determined by written agreement with DISTRICT.

CONTRACTOR shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements, utilities,

adjoining property and structures (including, without limitation, protection from settlement or loss of lateral

support), and to avoid damage thereto, and repair any damage thereto caused by construction operations.

CONTRACTOR shall (unless waived by DISTRICT in writing):

Enclose working area with a substantial barricade;

Not allow any unauthorized individuals on the work site;

Require all workers on the PROJECT to be conspicuously identified either by a firm logo on their clothing or

prominent identification badge;

Arrange work to cause a minimum amount of inconvenience and danger to DISTRICT students and employees;

Provide substantial barricades around any shrubs or trees indicated by DISTRICT to be preserved.

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Deliver materials to work site over route designated by ARCHITECT.

Take preventive measures to eliminate objectionable dust.

Enforce all instructions of DISTRICT and ARCHITECT regarding signs, advertising, fires, and smoking, and

require that all workers comply with all regulations while on work site.

Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property

boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil

engineer at no cost to DISTRICT.

NON-DISCRIMINATION

In the performance of the terms of the AGREEMENT, CONTRACTOR agrees that it will provide equal

employment opportunities to all qualified applicants, subject to the terms of PROJECT DOCUMENTS, and

agrees not to engage in, nor permit any SUBCONTRACTOR to engage in, unlawful discrimination in

employment of workers, such as on account of race, religion, color, national origin, ancestry, disability, medical

condition, marital status, sexual orientation, genetic information, age, or sex.

SCHEDULE OF VALUES AND PERIODICAL ESTIMATES

CONTRACTOR shall furnish on forms approved by DISTRICT:

Provide within ten calendar days of the award of contract, a detailed schedule of values giving complete

breakdown of contract price for each component of the PROJECT or site which shall include all

SUBCONTRACTOR and supplier agreements showing dollar amounts of these agreements to justify the schedule

of values; and

Provide a periodical itemized estimate of work done for purpose of making partial payments thereon. Change

order work shall be clearly identified on a separate schedule of values.

Provide within ten calendar days of a request by DISTRICT, a schedule of estimated monthly payments which

shall be due to CONTRACTOR under the AGREEMENT.

Values employed in making up any of these schedules are subject to the ARCHITECT’s written approval and will

be used only for determining the basis of partial payments and will not be considered as fixing a basis for

additions to or deductions from contract price.

CONTRACTOR CLAIMS

If CONTRACTOR claims compensation for any damage sustained by reason of the acts of DISTRICT or its

agents, CONTRACTOR shall, within five calendar days after sustaining such damage, submit to ARCHITECT a

written statement of the damage sustained. On or before the 15th day of the month succeeding that in which such

damage allegedly was sustained, CONTRACTOR shall file with DISTRICT an itemized statement of the details

and amount of such damage, and unless such statement is made as required, CONTRACTOR’s claims for

compensation shall be forfeited and invalidated, and CONTRACTOR shall not be entitled to consideration for

payment on account of any such damage.

DISPUTES – ARCHITECT’S DECISIONS

ARCHITECT shall, within a reasonable time, make decisions on all matters relating to CONTRACTOR’s

execution and progress of the work on the PROJECT. The decisions of ARCHITECT shall not be binding, but

shall be advisory only on CONTRACTOR for the purpose of CONTRACTOR’s obligation to proceed with the

work.

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Except for tort claims, all claims by CONTRACTOR for a time extension, payment of money or damages arising

from work done by, or on behalf of, CONTRACTOR pursuant to the AGREEMENT, and payment of which is

not otherwise expressly provided for or the claimant is not otherwise entitled to, or as to the amount of payment

which is disputed by DISTRICT of $375,000 or less shall be subject to the settlement procedures set forth in

Public Contract Code Sections 20104, et seq.

In the event of a dispute between the Parties as to performance of the work, the interpretation of the

AGREEMENT, or payment or nonpayment for work performed or not performed, the Parties shall attempt to

resolve the dispute. Pending resolution of the dispute, CONTRACTOR agrees to continue the work diligently to

completion. If the dispute is not resolved, CONTRACTOR agrees that it will neither rescind the AGREEMENT

nor stop the progress of the work, but CONTRACTOR’s sole remedy shall be to submit such controversy to

determination by the Superior Court of the State of California, in Orange County, after the PROJECT has been

completed, and not before.

PAYMENTS

BOARD may make a finding that the PROJECT is “substantially complex” within the meaning of Public

Contract Code Section 7201(b)(4). In this case, the retention would be increased from 5% to 10%.

Unless otherwise specified in writing, each month within 30 days after receipt by DISTRICT of the monthly

progress schedule and an undisputed, properly submitted payment request from CONTRACTOR which has been

certified for payment by ARCHITECT, there shall be paid to CONTRACTOR a sum equal to 95% (or 90% if the

retention is increased to 10% pursuant to subparagraph “a” above) of the value of work performed and of

materials delivered to the work site, and inspected and approved by the inspector of record, and subject to or

under the control of DISTRICT and unused up to the last day of the previous month, less aggregate previous

payments, pursuant to Public Contract Code Section 20104.50. Monthly payments shall be made only on the

basis of monthly estimates which shall be prepared by CONTRACTOR on a form approved by DISTRICT and

filed before the fifth day of the month during which payment is to be made. Work completed as estimated shall

be an estimate only and no inaccuracy or error in said estimate shall operate to release CONTRACTOR or Surety

from any damages arising from such work or from enforcing every provision of the AGREEMENT, and

DISTRICT shall have the right subsequently to correct any error made in any estimate for payment.

CONTRACTOR SHALL NOT BE ENTITLED TO HAVE ANY PAYMENT ESTIMATES PROCESSED, OR

BE ENTITLED TO HAVE ANY PAYMENT FOR WORK PERFORMED, SO LONG AS ANY LAWFUL OR

PROPER DIRECTION CONCERNING WORK, OR ANY PORTION THEREOF, GIVEN BY DISTRICT OR

ARCHITECT SHALL REMAIN UNCOMPLIED WITH BY CONTRACTOR. CONTRACTOR AGREES TO

A 5% RETENTION ON ALL PROGRESS PAYMENTS (or 10% if the retention is increased to 10% pursuant to

subparagraph “a” above).

The CONTRACTOR shall submit with each payment request a Certification of Certified Payroll Submittal to

Labor Commissioner (Appendix B), declaring under penalty of perjury, that the CONTRACTOR and all of its’

Subcontractors have submitted Certified Payroll Records (“CPR”) to the Labor Commissioner for all

employees engaged in performance of Work for the period of time covered by the Pay Application.

Payments to CONTRACTOR shall be contingent upon DISTRICT receipt of this certification.

DISTRICT has discretion to require from CONTRACTOR any of the following information with the application

for payment: (i) certified payroll covering the period of the prior application for payment; (ii) unconditional

waivers and releases from all SUBCONTRACTORS and suppliers for which payment was requested under the

prior application for payment; and (iii) receipts or bills of sale for any items. CONTRACTOR agrees that

payment may be contingent upon DISTRICT receiving these documents.

Before payment is made hereunder, a certificate in writing shall be obtained from ARCHITECT stating that the

work for which the payment is demanded has been performed in accordance with the terms of the PROJECT

DOCUMENTS, and that the amount stated in the certificate is due under the terms of the PROJECT

DOCUMENTS, which certificate shall be attached to and made a part of the claim made and filed with

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DISTRICT, provided that if ARCHITECT shall, within three days after written demand therefore, fail to deliver

such certificate to DISTRICT, CONTRACTOR may file its claim with DISTRICT without said certificate, but

together with such claim shall be filed a statement that demand was made for such certificate and that the same

was refused. Thereupon, DISTRICT will either allow said claim as presented or shall, by an order entered in the

minutes of the meeting of BOARD, state the reasons for refusing to allow said claim. It is understood, moreover,

that the certificate of ARCHITECT shall not be binding upon DISTRICT, but is advisory only.

Upon receipt of CONTRACTOR’s payment request, DISTRICT shall review the payment request as soon as

practicable after receipt for the purpose of determining that the payment request is proper. Any payment request

determined not to be proper shall be returned to CONTRACTOR as soon as practicable, but not later than seven

days after receipt, and shall be accompanied by a document setting forth in writing the reasons why the payment

request was not proper, pursuant to Public Contract Code Section 20104.50(c)(2).

NO PAYMENT BY DISTRICT HEREUNDER SHALL BE INTERPRETED SO AS TO IMPLY THAT

DISTRICT HAS INSPECTED, APPROVED, OR ACCEPTED ANY PART OF THE WORK.

Unless otherwise provided, on or before making request for final payment of the undisputed amount due under the

AGREEMENT, CONTRACTOR shall submit to DISTRICT, in writing a summary of all claims for

compensation under or arising out of this AGREEMENT which were timely filed. The acceptance by

CONTRACTOR of the payment of the final amount shall constitute a waiver of all claims against DISTRICT

under or arising out of the AGREEMENT, except those previously made, in a timely manner and in writing, and

identified by CONTRACTOR as unsettled at the time of CONTRACTOR’s final request for payment.

CONTRACTOR shall pay each of its SUBCONTRACTORS from whom retention has been withheld each

SUBCONTRACTOR’s share of the retention received within seven days from the time that all or any portion of

the retention are received by CONTRACTOR, subject to any limitations set forth in Public Contract Code

Section 7107.

The final payment of the retention, if unencumbered, shall be made within 35 days after recording by DISTRICT

of the Notice of Completion at the County Recorder’s Office. APPROVAL OF COMPLETION OF THE

PROJECT WILL BE MADE ONLY BY ACTION OF BOARD.

CHANGES AND EXTRA WORK

DISTRICT may, as provided by law and without affecting the validity of the AGREEMENT, order changes,

modifications, deletions, and extra work by issuance of written change orders from time to time during the

progress of the PROJECT, contract sum being adjusted accordingly. All such work shall be executed under

conditions of the original AGREEMENT except that any extension of time caused thereby shall be adjusted at

time of ordering such change. DISTRICT has discretion to order changes on a “time and material” basis with

adjustments to time made after CONTRACTOR has justified through documentation the impact on the critical

path of the PROJECT.

Notwithstanding any other provision in the PROJECT DOCUMENTS, the adjustment in the contract sum, if any,

and the adjustment in the contract time, if any, set out in a change order shall constitute the entire compensation

and adjustment in the contract time due CONTRACTOR arising out of the change in the work covered by the

change order unless otherwise provided in the change order. The amount of the compensation due

CONTRACTOR shall be calculated pursuant to subparagraph “e” below. The entire compensation shall not

include any additional charges not set forth in subparagraph “e” and shall not include delay damages (due to

processing of a change order or refusal to sign a change order) indirect, consequential, or incidental costs,

including any PROJECT management costs, extended home office and field office overhead, administrative costs

and profit other than those amounts authorized under subparagraph “e” below.

In giving instructions, ARCHITECT shall have authority to make minor changes in work, not involving change in

cost, and not inconsistent with purposes of the PROJECT. DISTRICT’s Vice Chancellor of Administrative

Services may authorize changes in work involving a change in cost that does not exceed $15,000, subject to

33

BOARD ratification. Otherwise, except in an emergency endangering life or property, no extra work or change

shall be made unless in pursuance of a written order from DISTRICT, authorized by action of the BOARD, and

no claim for addition to contract sum shall be valid unless so ordered.

If ARCHITECT determines that work required to be done constitutes extra work outside the scope of the

AGREEMENT, ARCHITECT shall send a request for a detailed proposal to CONTRACTOR. CONTRACTOR

will respond with a detailed proposal within five calendar days of receipt of the Request for Proposal which shall

include a complete itemized cost breakdown of all labor and materials showing actual quantities, hours, unit

prices, and the wage rates required for the change. If the change order involves a change in construction time, a

request for the time change shall accompany the change order cost breakdown. All such requests for time shall be

specified by CONTRACTOR as either “work days” or “calendar days.” Any request for time received with only

the designation of “days” shall be considered calendar days. The term “work days” as used in this Article shall

mean Monday through Friday, excluding Saturdays, Sundays, and federal or State of California observed

holidays. If the work is to be performed by a SUBCONTRACTOR, CONTRACTOR must include a bid from the

SUBCONTRACTOR containing the same detailed information as required for CONTRACTOR. No extensions

of time will be granted for change orders that, in the opinion of ARCHITECT, do not affect the critical path of the

PROJECT.

Value of any such extra work, change, or deduction shall be determined at the discretion of DISTRICT in one or

more of the following ways:

By mutual written acceptance of a lump sum proposal from CONTRACTOR properly itemized and supported by

sufficient substantiating data to permit evaluation by DISTRICT and ARCHITECT.

By unit prices contained in CONTRACTOR’s original bid and incorporated in the PROJECT DOCUMENTS, or

fixed by subsequent agreement between DISTRICT and CONTRACTOR.

By cost of material and labor and percentage for overhead and profit (“time and material”). If the value is

determined by this method the following requirements shall apply:

(A) Daily Reports by CONTRACTOR.

General. At the close of each working day, CONTRACTOR shall submit a daily report to the Construction

Manager and the Inspector, on forms approved by DISTRICT, together with applicable delivery tickets, listing all

labor, materials, and equipment involved for that day, and for other services and expenditures when authorized

concerning extra work items. An attempt shall be made to reconcile the report daily, and it shall be signed by the

Construction Manager and CONTRACTOR. In the event of disagreement, pertinent notes shall be entered by

each Party to explain points which cannot be resolved immediately. Each Party shall retain a signed copy of the

report. Reports by SUBCONTRACTORS or others shall be submitted through CONTRACTOR.

Labor. The report shall show names of workers, classifications, and hours worked and hourly rate.

Superintendent expenses are not allowed.

Materials. The report shall describe and list quantities of materials used and unit cost.

Equipment. The report shall show type of equipment, size, identification number, and hours of operation,

including loading and transportation, if applicable, and hourly/daily cost.

Other Services and Expenditures. Other services and expenditures shall be described in such detail as DISTRICT

may require.

(B) Basis for Establishing Costs

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(i) Labor. The costs of labor will be the actual cost for wages prevailing locally for

each craft classification or type of workers at the time the extra work is done, plus employer payments of payroll

taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting

from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining

agreements. The use of labor classification which would increase the extra work cost will not be permitted unless

CONTRACTOR establishes the necessity for such additional costs. Labor costs for equipment operators and

helpers shall be reported only when such costs are not included in the invoice for equipment rental.

Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are

locally available and delivered to the work site in the quantifies involved, plus sales tax, freight and delivery.

DISTRICT reserves the right to approve materials and sources of supply, or to supply materials to

CONTRACTOR if necessary for the progress of the work. No markup shall be applied to any material provided

by DISTRICT.

Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of

$250 or less or where an invoice is not provided.

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed

rates prevailing locally at equipment rental source, or distributors, at the time the work is performed. The rental

rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs, and

maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and

transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently

and, when not in use, could be returned to its rental source at less expense to DISTRICT than holding it at the

work site, it shall be returned, unless CONTRACTOR elects to keep it at the work site at no expense to

DISTRICT.

All equipment shall be acceptable to ARCHITECT, in good working condition, and suitable for the

purpose for which it is to be used. Manufacturer’s ratings and manufacturer’s approved modifications shall be

used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the

manufacturer.

Other Items. DISTRICT may authorize other items which may be required on the extra work. Such items include

labor, services, material, and equipment which are different in their nature from those required by the work and

which are of a type not ordinarily available from CONTRACTOR or any of the SUBCONTRACTORS. Invoices

covering all such items in detail shall be submitted with the request for payment.

Invoices. Vendors’ invoices for material, equipment rental, and other expenditures, shall be submitted with the

request for payment. If the request for payment is not substantiated by invoices or other documentation,

DISTRICT may establish the cost of the item involved at the lowest price which was current at the time of the

report.

(C) The following form shall be used as applicable by DISTRICT and CONTRACTOR to

communicate proposed additions and deductions to the AGREEMENT.

EXTRA CREDIT

(ii) Material/Equipment (attach

itemized quantity and unit

cost plus sales tax) _______ _______

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(iii) Labor (attach itemized

hours and rates) _______ _______

(iv) Subtotal _______ _______

(v) If SUBCONTRACTOR performed

work, add SUBCONTRACTOR’s

overhead and profit to portions

performed by it, not to exceed

15% of Item iii. above _______ _______

(vi) Subtotal _______ _______

(vii) CONTRACTOR’s overhead

and profit, not to exceed 15% of

Item v if CONTRACTOR performed the

work. If SUBCONTRACTOR performed

the work, not to exceed 5% of Item v.

Of portions performed by CONTRACTOR

and SUBCONTRACTORS, portions performed

by CONTRACTOR shall not exceed 15%

of Item V, and portions performed

by SUBCONTRACTOR shall not exceed

5% of Item v. _______ _______

(viii) Subtotal _______ _______

(ix) Bond and Liability Insurance

Premium, if in fact additional

bonds or insurance were actually

purchased, not to exceed 1% of

Item vii. _______ _______

(x) Total _______ _______

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IT IS EXPRESSLY UNDERSTOOD THAT THE VALUE OF SUCH EXTRA WORK OR CHANGES, AS

DETERMINED BY ANY OF THE AFOREMENTIONED METHODS, EXPRESSLY INCLUDES ALL OF

CONTRACTOR’S COSTS AND EXPENSES, BOTH DIRECT AND INDIRECT, RESULTING FROM

ADDITIONAL TIME REQUIRED ON THE PROJECT, OR RESULTING FROM DELAYS TO THE

PROJECT. ANY COSTS OR EXPENSES NOT INCLUDED ARE DEEMED WAIVED. FOR PURPOSES OF

DETERMINING THE COST, IF ANY, OF ANY EXTRA WORK, CHANGE, ADDITION, OR OMISSION

HEREUNDER, ALL TRADE DISCOUNTS, REBATES, REFUNDS, AND ALL RETURNS FROM THE SALE

OF SURPLUS MATERIALS AND EQUIPMENT SHALL ACCRUE AND BE CREDITED TO

CONTRACTOR, AND CONTRACTOR SHALL ENSURE THAT SUCH DISCOUNTS, REBATES,

REFUNDS, AND RETURNS MAY BE SECURED, AND THE AMOUNT THEREOF SHALL BE ALLOWED

AS A REDUCTION OF CONTRACTOR’S COST IN DETERMINING THE ACTUAL COST OF

CONSTRUCTION FOR PURPOSES OF ANY EXTRA WORK, CHANGE, ADDITION, OR OMISSIONS IN

THE WORK AS PROVIDED HEREIN.

If CONTRACTOR should claim that any instruction, request, drawing, specification, action, condition, omission,

default, or other situation obligates DISTRICT to pay additional compensation to CONTRACTOR or to grant an

extension of time, or constitutes a waiver of any provision in the AGREEMENT, CONTRACTOR shall notify

DISTRICT, in writing, of such claim within five calendar days from the date CONTRACTOR has actual or

constructive notice of the factual basis supporting the claim. The notice shall state the factual bases for the claim

and cite in detail the PROJECT DOCUMENTS (including plans and specifications) upon which the claim is

based. CONTRACTOR’s failure to notify DISTRICT within such five-day period shall be deemed a waiver and

relinquishment of such a claim. If such notice be given within the specified time, the procedure for its

consideration shall be as stated above in these General Conditions.

“PROHIBITED USAGE OF CONTRACTOR QUALIFYING LANGUAGE STAMPS ON DISTRICT

DRAWINGS OR CONTRACT FORMS.” CONTRACTOR shall not countersign or endorse any form, drawing,

change order, contract, or other documents with any conditions not mutually agreed to in advance by DISTRICT

and CONTRACTOR. Endorsement of a contract, change order, specification, drawing, or form with language

along the following lines: “This change order is being executed without waiver of the right to seek additional

compensation for such services,” shall be of no legal force or effect.

COMPLETION

DISTRICT shall accept completion of the PROJECT and have the Notice of Completion recorded within ten days

of acceptance of completion of the PROJECT when the entire work including punch list items shall have been

completed to the satisfaction of DISTRICT, pursuant to Civil Code Section 3093. The work may be accepted as

complete only by action of BOARD.

However, DISTRICT, at its sole option, may accept completion of the PROJECT and have the Notice of

Completion recorded when the entire work, including individual portions of the work, shall have been completed

to the satisfaction of DISTRICT, except for minor corrective items, as distinguished from incomplete items.

A final walk through of the PROJECT to determine completion and to record the Notice of Completion shall

occur only upon a valid claim by CONTRACTOR that the PROJECT is complete except for minor corrective

items. Any erroneous claims of completion by CONTRACTOR resulting in a premature walk through shall be at

CONTRACTOR’s sole cost and expense, and DISTRICT shall make adjustments to the contract price by

reducing the amount thereof to pay for any costs incurred by DISTRICT due to the erroneous claims by

CONTRACTOR that the PROJECT is complete. Minor corrective items shall be identified in the final walk

through of the PROJECT.

If CONTRACTOR fails to complete the minor corrective items prior to the expiration of the 35-day period

immediately following recording of the Notice of Completion, DISTRICT shall withhold from the final payment

an amount equal to 150%, as determined by DISTRICT, of the amount of each item until such time as the item is

37

completed, pursuant to Public Contract Code Section 7107. At the end of the 35-day period, if there are items

remaining to be corrected, DISTRICT may elect to proceed as provided in these General Conditions.

ADJUSTMENTS TO CONTRACT PRICE

If CONTRACTOR defaults or neglects to carry out the work in accordance with the PROJECT DOCUMENTS,

or fails to perform any provision thereof, DISTRICT may, after ten days written notice to CONTRACTOR, and

without prejudice to any other remedy it may have, make good such deficiencies.

DISTRICT shall adjust the total contract price by reducing the amount thereof by the cost of making good such

deficiencies. If DISTRICT deems it inexpedient to correct work not done in accordance with the PROJECT

DOCUMENTS, an equitable reduction in the contract price shall be made therefore.

CORRECTION OF WORK

CONTRACTOR shall promptly remove all work identified by DISTRICT as failing to conform to the PROJECT

DOCUMENTS, whether incorporated or not. CONTRACTOR shall promptly replace and re-execute its own

work to comply with the PROJECT DOCUMENTS without additional expense to DISTRICT and shall bear the

expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

If CONTRACTOR does not remove such work within a reasonable time, fixed by written notice, DISTRICT may

remove it and may store the material at CONTRACTOR’s expense. If CONTRACTOR does not pay expenses of

such removal within ten days t, DISTRICT may, upon 10 days written notice, sell such materials at auction or at

private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have

been borne by CONTRACTOR.

EXTENSION OF TIME - LIQUIDATED DAMAGES

CONTRACTOR and DISTRICT hereby agree that the exact amount of damages for failure to complete the work

within the time specified is extremely difficult or impossible to determine. CONTRACTOR shall be assessed

liquidated damages for each and every day the work required under the PROJECT DOCUMENTS remains

unfinished past the time for completion, as set forth in the AGREEMENT, and any extensions of time granted by

DISTRICT to CONTRACTOR under the terms of the PROJECT DOCUMENTS. CONTRACTOR will pay to

DISTRICT, or DISTRICT may retain from amounts otherwise payable to CONTRACTOR, said amount for each

day after failure to meet the requirements of the contract completion as scheduled in the AGREEMENT, pursuant

to Government Code Section 53069.85. For purposes of this Article, the work shall be considered “complete” in

accordance with other provisions of these General Conditions, except that the work may be considered complete

without formal acceptance by BOARD so long as BOARD, at its next regularly scheduled meeting, accepts the

work.

CONTRACTOR shall not be charged for liquidated damages, as set forth above, because of any delays in

completion of work which are not the fault or negligence of CONTRACTOR, including but not restricted to acts

of God. CONTRACTOR shall, within ten days of beginning of any such delay, notify DISTRICT in writing of

causes of delay. CONTRACTOR shall provide documentation and justification to substantiate the delay and its

relation to the PROJECT’s critical path. DISTRICT shall ascertain the facts and extent of delay and grant

extension of time for completing work when, in its judgment, the findings of fact justify such an extension.

DISTRICT’s finding of fact thereon shall be final and conclusive on the Parties. Extension of time shall apply

only to that portion of work affected by the delay, and shall not apply to other portions of work not so affected.

PAYMENTS WITHHELD

In addition to amount which DISTRICT may retain under other provisions of the PROJECT DOCUMENTS,

DISTRICT may withhold a sufficient amount or amounts of any payment or payments otherwise due to

CONTRACTOR, as in its judgment may be necessary to cover:

38

Payments which may be past due and payable for just claims against CONTRACTOR or any

SUBCONTRACTORS, or against and about the performance of work on the PROJECT, including, without

limitation, payments made pursuant to other provisions of the PROJECT DOCUMENTS.

The cost of defective work which CONTRACTOR has not remedied.

Liquidated damages assessed against CONTRACTOR.

Penalties for violation of labor laws.

The cost of materials ordered by DISTRICT pursuant to these General Conditions.

The cost of completion of this AGREEMENT if there exists a reasonable doubt that this AGREEMENT can be

completed for the balance then unpaid to CONTRACTOR.

Damage to DISTRICT, another contractor, or SUBCONTRACTOR.

Site clean-up as provided in elsewhere in the PROJECT DOCUMENTS.

Payments to indemnify, defend, or hold harmless DISTRICT.

Any payments due to DISTRICT, including but not limited to payments for failed tests, utilities, or imperfections.

Extra services for ARCHITECT.

Extra services for the Inspector, including but not limited to reinspection required due to CONTRACTOR’s failed

tests or installation of unapproved or defective materials, CONTRACTOR’s requests for inspection, or

CONTRACTOR’s failure to attend the inspection.

Failure of CONTRACTOR to submit on a timely basis, proper and sufficient documentation required by the

PROJECT DOCUMENTS, including without limitation, monthly progress schedules, shop drawings, submittal

schedules, schedule of values, product data and samples, proposed product lists, executed change orders, and

verified reports.

Any other obligation of DISTRICT which DISTRICT is authorized or compelled by law to perform.

If the above grounds are in the opinion of DISTRICT removed by or at the expense of CONTRACTOR, payment

shall be made for amounts withheld because of them.

DISTRICT may apply such withheld amount or amounts to payment of such claims or obligations at its

discretion. In so doing, DISTRICT shall make such payments on behalf of CONTRACTOR. If any payment is

so made by DISTRICT, then such amount shall be considered as a payment made under contract by DISTRICT to

CONTRACTOR and DISTRICT shall not be liable to CONTRACTOR for such payments made in good faith.

Such payments may be made without prior judicial determination of claim or obligations. DISTRICT will render

CONTRACTOR an accounting of such funds disbursed on behalf of CONTRACTOR.

As an alternative to payment of such claims or obligations, DISTRICT, in its sole discretion, may reduce the total

contract price as provided elsewhere in these General Conditions.

TAXES

CONTRACTOR will pay all applicable federal, state, and local taxes on all materials, labor, or services furnished

by it, and all taxes arising out of its operations under the PROJECT DOCUMENTS.

If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is

imposed and the sale is exempt from such excise tax because it is a sale to a state or local government for its

39

exclusive use, DISTRICT, upon request, will execute documents necessary to show (1) that DISTRICT is a

political subdivision of the State for the purposes of such exemption and (2) that the sale is for the exclusive use

of DISTRICT. No excise tax for such materials shall be included in any bid price.

NO ASSIGNMENT

CONTRACTOR shall not assign, transfer, convey, sublet, or otherwise dispose of the AGREEMENT, or of its

rights, title, or interest in or to the AGREEMENT or any part thereof. If CONTRACTOR shall assign, transfer,

convey, sublet, or otherwise dispose of the AGREEMENT or its right, title, or interest therein, or any part thereof,

such attempted or purported assignment, transfer, conveyance, sublease, or other disposition shall be null, void,

and of no legal effect whatsoever; and the AGREEMENT may, at the option of DISTRICT, be terminated,

revoked, and annulled, and DISTRICT shall thereupon be relieved and discharged from any and all liability and

obligations growing out of the same to CONTRACTOR, or to its purported assignee or transferee.

NOTICE

Any notice from one Party to the other, or otherwise under the AGREEMENT, shall be in writing and shall be

dated and signed by Party giving such notice or by a duly authorized representative of such Party. Any such

notice shall not be effective for any purpose whatsoever unless served in one of the following manners:

If notice is given to DISTRICT, by personal delivery thereof to DISTRICT, or by depositing same in United

States mail, enclosed in a sealed envelope addressed to DISTRICT, and sent by registered or certified mail with

postage prepaid;

If notice is given to CONTRACTOR, by personal delivery thereof to said CONTRACTOR, or to

CONTRACTOR’s superintendent at the site of the PROJECT, or by depositing same in United States mail,

enclosed in a sealed envelope addressed to said CONTRACTOR at its regular place of business or at such address

as may have been established for the conduct of work under this AGREEMENT, and sent by registered or

certified mail with postage prepaid;

If notice is given to surety or other persons, by personal delivery to such surety or other person, or by depositing

same in United States mail, enclosed in a sealed envelope, addressed to such surety or person at the address of

such surety or person last communicated by surety or other person to Party giving notice, and sent by registered or

certified mail with postage prepaid.

NO WAIVER

The failure of DISTRICT in any one or more instances to insist upon strict performance of any of the terms of this

AGREEMENT or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to

any extent of the right to assert or rely upon any such terms or option on any future occasion.

NON-UTILIZATION OF ASBESTOS MATERIAL

CONTRACTOR will be required to execute and submit the Certificate Regarding Non-Asbestos Containing

Materials.

Should asbestos-containing materials be installed by CONTRACTOR in violation of this certification, or if

removal of asbestos-containing materials is part of the PROJECT, decontaminations and removals will meet the

following criteria:

Decontamination and removal of work found to contain asbestos or work installed with asbestos containing

equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of

asbestos abatement and accredited by the Environmental Protection Agency (“EPA”).

40

The asbestos removal CONTRACTOR shall be an EPA-accredited CONTRACTOR qualified in the removal of

asbestos, and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final

determination in this matter.

The asbestos consultant shall be chosen and approved by DISTRICT who shall have sole discretion and final

determination in this matter.

The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the

asbestos consultant.

Cost of all asbestos removal, including, but not necessarily limited to the cost of the asbestos removal

CONTRACTOR, the cost of the asbestos consultant, analytical and laboratory fees, time delays, and additional

costs as may be incurred by DISTRICT. shall be borne entirely by CONTRACTOR.

Hold Harmless: Interface of work for the PROJECT with work containing asbestos shall be executed by

CONTRACTOR at its risk and at its discretion with full knowledge of the currently accepted standards, hazards,

risks, and liabilities associated with asbestos work and asbestos containing products. By execution of the

AGREEMENT, CONTRACTOR acknowledges the above and agrees to hold harmless DISTRICT, its trustees,

employees, and agents, and ARCHITECT, for all asbestos liability which may be associated with this work.

CONTRACTOR further agrees to instruct its employees with respect to the these standards, hazards, risks, and

liabilities.

LEAD

Pursuant to the Lead-Safe Schools Protection Act, Education Code Sections 32240, et seq.) and other applicable

law, CONTRACTOR shall not use lead-based paint, lead plumbing or solders, or other potential sources of lead

contamination in its work on the PROJECT.

TOBACCO-FREE WORK SITE

CONTRACTOR understands, pursuant to the AGREEMENT, that neither CONTRACTOR nor its

SUBCONTRACTORS, or any of its respective employees or agents, may smoke or use tobacco products

anywhere on DISTRICT property. CONTRACTOR shall be responsible for the enforcement of this Article.

CONTRACTOR understands and agrees that should any employee or agent of a SUBCONTRACTOR or

CONTRACTOR violate this Article after having been warned, CONTRACTOR shall remove the individual for

the duration of the PROJECT. CONTRACTOR shall not be entitled to any additional compensation or time for

completing the PROJECT due to such removal.

GOVERNING LAW

The laws of the State of California shall govern the PROJECT and the AGREEMENT.

OWNER CONTROLLED INSURANCE PROGRAM (“OCIP”)

DISTRICT may elect to implement an OCIP on the PROJECT which would provide Workers’ Compensation,

General Liability, Contractor’s Pollution Liability, and Builders Risk insurance coverage to CONTRACTOR. All

bidders must meet certain minimum standards as more fully described in the PROJECT DOCUMENTS to

participate on the PROJECT and in the OCIP.

All bidders will be required to complete and submit the Insurance Qualification Form. Failure to submit the form

and the required information may deem the bid non-responsive. Failing to meet the minimum standards set forth

in these instructions may deem the bidder to be non-responsible.

CONTRACTOR’s and all SUBCONTRACTORS’ insurance costs for coverages similar to those to be provided

by the OCIP will be identified as an alternate additive on the bid form. Therefore, CONTRACTOR’s Base Bid

41

submitted should exclude insurance costs for the coverages provided under OCIP. Additionally, CONTRACTOR

and SUBCONTRACTORS will be required to complete an Insurance Qualification Form, which will serve to

itemize CONTRACTOR’s insurance as submitted on the additive alternate. This form must be submitted by the

lowest responsive bidder, including for all SUBCONTRACTORS, to DISTRICT by 5:00 p.m. five business days

following the bid opening. If a discrepancy exists between the alternate amount on the bid form and the total of

all amounts calculated on the Insurance Qualification Form, the lesser amount would be utilized should

DISTRICT decide not to implement the OCIP. At the request of the OCIP administrator, additional information

will be provided to verify the rates and data on the worksheet. An Insurance Qualification form is to be

completed and submitted with the Bid form by the bidding CONTRACTOR. Listed SUBCONTRACTORS

forms will be submitted within a given time period following the bid opening. (An Insurance Cost Worksheet is

included with the Insurance Qualification form.)

STUDENTS

Considering the educational mission of DISTRICT, CONTRACTOR, in consultation with DISTRICT, shall make

good faith efforts to provide employment and apprenticeship opportunities to students of the COLLEGES.

EMPLOYMENT OF DISTRICT RESIDENTS

In further recognition of DISTRICT’s mission to serve its residents, CONTRACTOR agrees, to the fullest extent

allowed by law, and so long as these workers have the requisite skills and qualifications, to use its best efforts to

hire residents of the Coast Community College District as workers on the PROJECT, in terms of both employees

of CONTRACTOR and employees of SUBCONTRACTORS.

BOARD may adopt a Resolution concerning specific local hiring goals, identifying the specific parameters of

these hiring goals, including a breakdown of the percentages of workers to be residents Orange County and of the

Coast Community College District, and this Resolution shall be applicable to CONTRACTOR.

HIRING VETERANS

CONTRACTOR and its SUBCONTRACTORS, to the fullest extent allowed by law, and so long as these workers

have the requisite skills and qualifications, to use its best efforts to hire veterans as workers on the PROJECT, in

terms of both employees of CONTRACTOR and employees of SUBCONTRACTORS.

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EXHIBITS

43

Appendix A - Verification of Contractor and

Subcontractor DIR Registration

I am the _______________________of ________________________________(“Bidder”) (Title/Position) (Bidder Name)

Submitting the accompanying Bid proposal for the work described as GWC Parking Lot Signage, Bid

2058.

1. The bidder is currently registered as a contractor with the Department of Industrial Relations (DIR).

2. The Bidder’s DIR Registration Number is ______________. The expiration date of the Bidder’s

DIR Registration is June 30, 20___.

3. If the Bidder is awarded the contract for the work and the expiration date of the Bidder’s DIR

Registration will occur: (i) prior to expiration of the Contract time for the Work; or (ii) prior to the

Bidder completing all obligations under the Contract for the Work, the Bidder will take all measures

necessary to renew the Bidder’s DIR Registration so that there is no lapse in the Bidder’s DIR

Registration while performing Work under the Contract.

4. The Bidder, if awarded the Contract for the Work will remain a DIR registered contractor for the

entire duration of the Work.

5. The Bidder has independently verified that each Subcontractor identified in the Subcontractors List

submitted with the Bid Proposal of the Bidder is currently a DIR registered contractor

6. The Bidder has provided the DIR Registration Number for each subcontractor identified in the

Bidder’s subcontractor’s list or within twenty-four (24) hours of the opening of Bid Proposals for the

Work, the Bidder will provide the District with the DIR Registration Number for each subcontractor

identified in the Bidder’s subcontractor list.

7. The Bidder’s solicitation of subcontractor bids included notice to prospective subcontractor that: (i)

all sub-tier subcontractors must be DIR Registered contractors at all times during performance of the

Work; and (ii) prospective subcontractors may only solicit sub-bids from and contract with lower-

tier subcontractors who are DIR registered contractors.

8. If any of the statements herein are false or omit material facts rendering a statement to be false or

misleading, the Bidder’s Bid Proposal is subject to rejection for non-responsiveness.

9. I have personal firsthand knowledge of all of the forgoing.

I declare under penalty of perjury under California law that the foregoing is true and correct.

Executed this ____ day of ______________, 20__ at ________________________________ (City and State)

_______________________________ (Signature)

_______________________________ (Name, typed or printed)

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Appendix B – Certification of Certified Payroll Submittal

To Labor Commissioner

I am the __________________________for _________________________in connection with (Project Manager) (Contractor)

GWC Parking Lot Signage, Bid 2058. This Certification is submitted to the District concurrently with

the Contractor’s submittal of an Application for Progress Payment to the District, identified as

Application for Progress Payment No. ______________ (“the Pay Application”).

1. The Pay Application requests the District’s disbursement of a Progress Payment covering Work

performed for the period between _______________, 20 __ and _________________, 20__.

2. The Contractor has submitted Certified Payroll Records (“CPR”) to the Labor Commissioner for

all employees of the Contractor engaged in performance of Work subject to prevailing wage rate

requirements for the period of time covered by the Pay Application.

3. All subcontractors who are entitled to any portion of payment to be disbursed pursuant to the Pay

Application have submitted their CPRs to the Labor Commissioner for all of their employees

performing Work subject to prevailing wage rate requirements for the period of time covered by

the Pay Application. Copies of all CPRs submitted by Subcontractors to the Labor

Commissioner relating to the Pay Application are attached hereto.

4. I have reviewed the Contractors’ CPRs submitted to the Labor Commissioner; the CPRs

submitted to the Labor Commissioner by the Contractor are complete and accurate for the period

of time covered by the Pay Application.

5. I have reviewed the Subcontractors’ CPRs submitted to the Labor Commissioner; the CPRs

submitted to the Labor Commissioner by the Subcontractors are complete and accurate for the

period of time covered by the Pay Application.

6. The copies of the Contractor’s CPRs and Subcontractors’ CPRs attached hereto are true and

correct copies of the CPRs submitted to the Labor Commissioner for the period of time covered

by the Pay Application.

I declare under penalty of perjury under California law that the forgoing is true and correct. I executed

this Certification on the ___ day of ___________________, 20 __ at ___________________________ (City and State)

By: _____________________________ (Signature)

___________________________________

(Typed or Printed Name)

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Appendix C – Roofing Specifications

SECTION 07 01 50.74 – REHABILITATION OF BUILT-UP ROOFING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and

Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following:

1. Roof re-coating preparation.

2. Application of TPA FB roof membrane and flashings over existing modified bituminous membrane

roofing.

B. Additive bid item:

1. Install ¼” DensDeck Prime roof board over existing roof system prior to TPA installation. Adhere in low

rise foam adhesive in a ribbon application at a rate of 12” oc in the field, 6” oc at the perimeters, and 4” oc

at the corners.

1.3 DEFINITIONS

A. Roofing Terminology: Refer to ASTM D 1079 and glossary in NRCA's "The NRCA Roofing Manual" for

definition of terms related to roofing work in this Section.

B. Existing Roofing System: SBS-modified bituminous roofing, and components and accessories between deck and

roofing membrane.

C. Roofing Retrofit Preparation: Existing roofing that is to remain and be prepared to accept retrofit roof application.

1.4 PERFORMANCE REQUIREMENTS

A. General: Provide recoated roofing membrane and base flashings that remain watertight; do not permit the passage

of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without

failure.

B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of

service and application required, as demonstrated by roofing manufacturer based on testing and field experience.

C. Solar Reflectance Index: Solar reflectance index not less than 90 for not less than 75 percent of the roof surface,

when calculated according to ASTM E 408 based on testing identical products by a qualified testing agency.

D. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an

emissivity of not less than 0.75 when tested according to CRRC-1.

E. Exterior Fire-Test Exposure: ASTM E 108, Class A; for application and roof slopes indicated, as determined by

testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with

appropriate markings of applicable testing agency.

1.5 ACTION SUBMITTALS

A. Product Data: For each type of product specified.

B. Qualification Data: For Installer, Manufacturer, and Roofing Inspector.

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1. Letter written for this Project indicating manufacturer approval of Installer to apply specified products and

provide specified warranty.

C. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a

qualified testing agency, for components of roofing retrofit system.

D. Warranties: Unexecuted sample copies of special warranties.

E. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including

exterior and interior finish surfaces, which might be misconstrued as having been damaged by retrofit application.

Submit before Work begins.

F. Inspection Reports: Daily reports of Roofing Inspector. Include weather conditions, description of work

performed, tests performed, defective work observed, and corrective actions required and carried out.

1.6 CLOSEOUT SUBMITTALS

A. Maintenance Data: To include in maintenance manuals.

B. Warranties: Executed copies of approved warranty forms.

1.7 QUALITY ASSURANCE

A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-

site supervisor with a minimum of five years experience installing products comparable to those specified, able to

communicate verbally with Contractor, Architect, and employees, and the following:

1. Qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified.

B. Manufacturer Qualifications: Approved manufacturer listed in this Section with minimum five years experience in

manufacture of specified products in successful use in similar applications.

C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products

and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing

observation and inspection specified in Field Quality Control Article, to determine Installer’s compliance with the

requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing

Inspector shall be one of the following:

1. An authorized full-time technical employee of the manufacturer.

D. Roofing Retrofit Preinstallation Conference: Review methods and procedures related to roofing system.

1. Meet with Owner; roofing retrofit materials manufacturer's representative; roofing retrofit Installer

including project manager and foreman; and installers whose work interfaces with or affects retrofit

application including installers of roof accessories and roof-mounted equipment requiring removal and

replacement as part of the Work.

2. Review methods and procedures related to retrofit preparation, including membrane roofing system

manufacturer's written instructions.

3. Review temporary protection requirements for existing roofing system that is to remain, during and after

installation.

4. Review roof drainage during each stage of retrofit and review roof drain plugging and plug removal

procedures.

5. Review and finalize construction schedule, and verify availability of materials, Installer's personnel,

equipment, and facilities needed to make progress and avoid delays.

6. Review base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of

other construction that will affect re-coating.

7. Review HVAC shutdown and sealing of air intakes.

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8. Review shutdown of fire-suppression, -protection, and -alarm and -detection systems.

9. Review procedures for asbestos removal or unexpected discovery of asbestos-containing materials.

10. Review governing regulations and requirements for insurance and certificates if applicable.

11. Review existing conditions that may require notification of Owner before proceeding.

1.8 PROJECT CONDITIONS

A. Owner will occupy portions of building immediately below re-coating area. Conduct retrofit application so

Owner's operations will not be disrupted. Provide Owner with not less than 72 hours' notice of activities that may

affect Owner's operations.

B. Protect building to be rehabilitated, adjacent buildings, walkways, site improvements, exterior plantings, and

landscaping from damage or soiling from rehabilitation operations.

C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.

D. Weather Limitations: Proceed with rehabilitation work only when existing and forecasted weather conditions

permit Work to proceed without water entering into existing roofing system or building.

1. Store all materials prior to application at temperatures between 60 and 90 deg. F.

2. Apply coatings within range of ambient and substrate temperatures recommended by manufacturer. Do not

apply materials when air temperature is below 50 or above 110 deg. F.

3. Do not apply roofing in snow, rain, fog, or mist.

E. Hazardous Materials: It is not expected that hazardous materials such as asbestos-containing materials will be

encountered in the Work.

1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately

notify Owner. Hazardous materials will be removed by Owner under a separate contract.

1.9 WARRANTY

A. Special Warranty for Roof Rehabilitation: Written warranty in which Manufacturer agrees to repair roof

rehabilitation installations that fail in materials or workmanship within specified warranty period.

1. Failures include, but are not limited to, the following:

a. Membrane failures including rupturing, cracking, or puncturing.

b. Deterioration of membranes, coatings, metals, metal finishes, and other associated materials beyond

normal weathering.

2. Limit of Warranty Coverage for Repair of Roof Rehabilitation: Not to exceed original purchase price of

manufacturer's retrofit materials, except that manufacturer may elect to apply the limit amount toward the

following:

a. Purchase of a new replacement roof within the first 5 years following completion of rehabilitation

work.

3. Qualified Installer Requirement: Installer must meet requirements of Quality Assurance Article.

4. Installation Inspection Requirement: By Roofing Inspector in accordance with requirements of Part 3 Field

Quality Control Article.

5. Annual Manufacturer Inspection and Preventive Maintenance Requirement: By manufacturer's technical

representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's

warranty rights. The cost of manufacturer's annual inspections and preventive maintenance is included in

the Contract Sum. Inspections to occur in Year 2, 5, and 10 following completion.

6. Warranty Period: 15 years from date of completion of rehabilitation work.

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PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Basis-of-Design Manufacturer/Product: The roof system specified in this Section is based upon products of

Tremco, Inc., Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles.

Subject to compliance with requirements, provide the named product or an approved comparable product. Submit

alternates to owner for approval a minimum of 7 days prior to bid due date.

2.2 MATERIALS

A. General: Retrofit materials recommended by roofing system manufacturer for intended use and compatible with

components of existing membrane roofing system.

B. Temporary Roofing Materials: Selection of materials and design of temporary roofing is responsibility of

Contractor.

C. Infill Materials: Where required to replace test cores and to patch existing roofing, use infill materials matching

existing membrane roofing system materials, unless otherwise indicated.

2.3 FLUID-APPLIED ROOFING MEMBRANE

A. Thermoplastic Tri-Polymer Alloy (TPA) Sheet, Fleece-Backed: ASTM D 4434, Type IV, internally fabric

reinforced and fleece-backed, uniform, flexible TPA sheet; Energy Star qualified, CRRC listed and California

Title 24 Energy Code compliant.

1. Tensile Strength at 0 deg. F (-18 deg. C), minimum, ASTM D 6509: 350 lbf/in (61 kN/m).

2. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D 6509: 100 lbf (0.44 kN).

3. Elongation at 0 deg. F (-18 deg. C), minimum at fabric break, ASTM D 6509: machine direction,

35 percent; cross machine direction, 33 percent.

4. Thickness: 60 mils (1.5 mm), nominal.

5. Exposed Face Color: White.

6. Reflectance, ASTM C 1549: 86 percent.

7. Thermal Emittance, ASTM C 1371: .86

8. Solar Reflectance Index (SRI), ASTM E 1980: 108

B. Insulation Adhesive: Two-component, solvent-free, low odor, elastomeric urethane adhesive formulated to adhere

roof insulation to substrate.

1. Flame Spread Index, ASTM E 84: 10.

2. Smoke Developed Index, ASTM E 84: 30.

3. Asbestos Content, EPA 600/R13/116: None.

4. Volatile Organic Compounds (VOC), maximum, ASTM D 3960: 0 g/L.

5. Tensile Strength, minimum, ASTM D 412: 250 psi (1724 kPa).

6. Peel Adhesion, minimum, ASTM D 903: 17 lbf/in (2.98 kN/m).

7. Flexibility, 70 deg. F (39 deg. C), ASTM D 816: Pass.

2.4 FLASHING MATERIALS

A. General: Furnish auxiliary materials recommended by roofing system manufacturer for intended use and

compatible with membrane roofing material.

1. Furnish liquid-type auxiliary materials that meet VOC limits of authorities having jurisdiction.

http://www.tremcoroofing.com/

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B. Sheet Flashing: Manufacturer's standard non-fleece backed sheet flashing of same material, type, and color as

sheet membrane.

C. Single Ply Membrane Bonding Adhesive, Low VOC: Elastomeric, low-VOC solvent-based contact-type adhesive

for bonding TPA single ply membranes and flashings to substrates.

1. Asbestos Content, EPA/600/R-93/116: None.

2. Density at 77 deg. F (25 deg. C), minimum, ASTM D 1475: 7.0 lb/gal (0.84 kg/L).

3. Percent solids: 25 percent minimum.

4. VOC, maximum, ASTM D 3960: 200 g/L.

D. TPA Coated metal: TPA membrane laminated to 24 gauge G-90 galvanized steel with acrylic backwash coating.

E. TPA Prefabricated Flashing: pipe boots, inside corners, outside corners.

F. Urethane sealant: manufacturer’s gun grade, moisture cured, one component polyurethane sealant.

G. Urethane Sealant Primer: One part primers formulated to prepare metal, masonry, and other surfaces for the

application of urethane sealants.

H. Miscellaneous Accessories: Provide sealers, preformed cone, coated metal, sheet flashings, preformed inside and

outside corner sheet flashings, T-joint covers, seam calk, termination reglets, and other accessories recommended

by roofing system manufacturer for intended use.

I. General purpose sealant: Solvent free, low odor urethane sealant.

2.5 METAL FLASHINGS

A. Termination bar:

1. Aluminum bar: 1/8 x 1 inch (3.2 x 25.4 mm).

B. Raised Edge Metal:

1. Twenty-four (24) gauge Galvalume steel coated both sides with a layer of 55% aluminum-zinc alloy coated

by the hot dip process per ASTM specification A792/A792M.

a. Match existing two piece design.

b. Color to be selected by the Owner.

C. Counterflashing and counterflashing extensions:

1. General: Units of type, material, and profile indicated, formed to provide secure interlocking of separate

reglet and counterflashing pieces and compatible with flashing indicated.

2. Galvanized Steel Sheet: ASTM A526, G90, commercial quality, or ASTM A527, G90, lock-forming

quality, hot-dip galvanized steel sheet with 0.20 percent copper.

a. Galvanized Steel Sheet: 24 gage (0.0276 inch) (0.7010 mm).

3. Masonry Type: Provide with offset top flange for embedment in masonry mortar joints.

4. Counterflashing Wind-Restraint Clips: Provide hold down clips with 1/2 inch (12.7 mm) kickout to be

installed before counterflashing to prevent wind uplift on the counterflashing lower edge. Fabricate the

clips of the following materials:

a. Galvanized Steel: 22 gage; 0.0336 inch (0.8534 mm) thick.

D. Piping through roof box and T-tops:

1. Clad metal.

2. T-Tops must have sides and screens.

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E. Drawband:

1. Gold Seal stainless steel worm gear clamp by Murray Corporation, Cockeysville, MD.

2. Power-Seal stainless steel worm drive clamps by Breeze Clamp Company, Saltsburg, PA.

F. Work shall be in accordance with Architectural Sheet Metal Manual, as issued by Sheet Metal and Air

Conditioning Contractors' National Association, Inc., (SMACNA).

2.6 FASTENERS

A. Fasteners: Factory-coated steel fasteners and metal plates meeting corrosion-resistance provisions in FMG 4470,

designed for fastening roofing membrane components to substrate, tested by manufacturer for required pullout

strength, and acceptable to roofing system manufacturer.

B. Sheet Metal Fasteners: Corrosion resistant ring shank nails, min. 1” penetration into wood.

2.7 AUXILIARY ROOFING MEMBRANE MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with

roofing membrane.

B. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer.

2.8 METAL COATING

A. Metal Primer: Water based acrylic metal primer that provides a tough, flexible film for the protection of steel

against corrosion. Must be VOC compliant.

B. Metal Coating: Durable elastomeric acrylic resin weatherproofing coating that will accommodate metal roof

movement.

1. Density, minimum, ASTM D1475: 11.5 lb/gal.

2. Solids by weight, minimum, ASTM D 1353: 64%.

2.9 WALKWAYS AND RUBBER BLOCKS

A. TPA Walkway Roll: Thermoplastic tri-polymer alloy reinforced elastomeric membrane roll, ASTM D 4434, with

serrated, slip-resistant surface fabricated for heat welding to TPA tri-polymer alloy membrane surface.

1. Roll Size: 36 inches by 60 foot (914 mm by 18.3 m).

2. Thickness: 0.08 inch (2 mm).

3. Color: Grey.

B. Rubber Blocks: 100% rubber blocks with steel channels and reflective strips designed for supporting conduit.

1. Dura-Blok or equal.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Substrate inspection:

1. The Applicator shall inspect the substrate for defects such as excessive surface roughness, contamination,

structural inadequacy, or any other condition that will adversely affect the quality of work.

2. The substrate shall be clean, smooth, dry, free of flaws, sharp edges, loose and foreign material, oil and

grease. Roofing shall not start until all defects have been corrected.

3. Verify that roof openings and penetrations are in place and braced.

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4. Proceed with installation only after unsatisfactory conditions have been corrected.

5. All broken and disconnected conduits must be reattached and repaired by the Applicator.

3.2 PREPARATION

A. Remove T-tops, pitch pockets, low profile vents, edge metal, walkpads, and any Owner identified equipment.

B. Remove all dirt, dust, debris, etc., by mechanical brush, stiff broom, vacuum, power washing, etc. All surfaces

must be clean and dry.

C. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto

surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast.

D. Water test all roof drains prior to start of work. Notify the District in writing of any plumbing problems, drainage

issues, or leaks. Contractor must replace any broken or missing components including drain screens.

E. Protection:

1. Contractor shall be responsible for protection of property during course of work. Lawns, shrubbery, paved

areas, and building shall be protected from damage. Repair damage at no extra cost to Owner.

2. Roofing, flashings, membrane repairs, and insulation shall be installed and sealed in a watertight manner on

same day of installation or before arrival of inclement weather.

3. At start of each work day drains within daily work area shall be plugged. Plugs to be removed at end of

each work day or before arrival of inclement weather.

4. Preparation work shall be limited to those areas that can be covered with installed roofing material on same

day and before arrival of inclement weather.

5. Arrange work sequence to avoid use of newly constructed roofing for storage, walking surface, and

equipment movement. Move equipment and ground storage areas as work progresses.

6. Protect building surfaces at set-up areas with tarpaulin. Secure tarpaulin. Spilled or scattered debris shall

be cleaned up immediately. Removed material to be disposed from roof as it accumulates.

7. At end of each working day, seal removal areas with water stops along edges to prevent water entry.

8. Provide clean plywood walkways and take other precautions required to prevent tracking of

aggregate/debris from existing membrane into new work area where aggregate/debris pieces can be trapped

within new roofing membrane. Contractor shall instruct and police workmen to ensure that

aggregate/debris is not tracked into new work areas on workmen's shoes or equipment wheels. Discovery

of entrapped aggregate/debris within new membrane is sufficient cause for its rejection.

3.3 INSTALLATION, GENERAL

A. Install restoration system in accordance with manufacturer’s recommendations. Have specification and product

data sheets on the job site.

B. Start installation of restoration system in presence of roofing system manufacturer's technical personnel.

C. Coordinate installing system components so material is not exposed to precipitation or left exposed at the end of

the workday or when rain is forecast.

3.4 PREPARATION

A. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from

entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose.

Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast.

1. Do not permit water to enter into or under existing membrane roofing system components that are to

remain.

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3.5 MEMBRANE INSTALLATION

A. Install single ply roofing membrane over existing roof system according to membrane roofing system

manufacturer's written instructions. Unroll roofing membrane and allow to relax before installing.

1. Install sheet according to ASTM D 5036.

B. Install single ply membrane in manufacturer’s low rise foam adhesive in a ribbon application at 12” oc spacing in

the field, 6” oc at the perimeters, and 4” oc at the corners.

1. Broom or pressure roll membrane into the adhesive to remove wrinkles and assure positive contact with

substrate.

C. Seaming:

1. The overlapping sheets shall be welded using hot air welding equipment. The areas must be dry and must

be clean. The contractor must insure that dirt or debris does not interfere with the seaming process.

2. Welds using the automatic welder shall be a minimum of 1 ½” wide. All hand welds shall be 2” wide.

3. The seams shall be checked for continuity and integrity. All imperfections must be corrected.

D. Membrane Termination and Securement:

1. Securement shall be achieved using termination bars, batten bars, or TPA coated metal flashing, adequately

fastened to substrate.

2. All terminations and fasteners shall be sealed within a lap or covered with a strip of TPA membrane, its

perimeter continuously welded to the field sheet.

3.6 FLASHINGS

A. Fabricate and install all flashings to comply with the Tremco TPA Single Ply Installation Guidelines Manual.

1. All flashing, other than TPA membrane, shall be fabricated out of TPA coated Metal.

2. Adhere flashing sheet in flashing adhesive at rate required by manufacturer.

B. Edge Metal:

1. Edge metal flange width: 4”.

2. Edge metal fascia width: a minimum of ½” longer than existing.

3. Extend membrane 2” over the edge.

4. Install continuous cleat secured to the fascia board at 6” oc.

5. Fabricate edge metal out of TPA coated metal. Secure edge metal to cleat and fasten at 3” o.c. to treated

wood nailers using corrosion resistant annular ring nails.

C. Curbs and Vents:

1. Properly disconnect and remove equipment from curb or sleepers.

2. Install cricket on the high side of the unit if missing to insure no ponding water.

3. Extend TPA flashing membrane over the top of the curb and secure. Wrap the entire curb with TPA where

possible. Use a skirt metal and TF tape detail if flashing sheet must be terminated on the vertical.

D. Walls:

1. Insure there are no sharp projections and no contaminants up the entire wall.

2. Set flashing sheet in flashing adhesive. Install termination bar with TF tape to secure vertical edge of

flashing sheet. Secure at 8” oc. Seal top of termination bar with polyurethane sealant.

3. Install a batten bar secured every 8 inches at all walls over 36 inches. For high walls install a batten bar

every 36 inches. Heat weld a TPA strip over the batten bar.

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4. Install new counterflashing.

E. Coping:

1. Restore coping with metal coating system. Follow manufacturer’s written instructions of application. Seal

all joints with Polytape prior to coating.

a. Tint metal coating to color selected by Owner.

2. Apply polyurethane sealant where coping meets wall.

3. Remove and reinstall coping where TPA is wrapped up and over the wall.

F. Pipe Penetrations:

1. Use Tremco pre-molded boots to flash circular penetrations 1” to 8” diameter; boots must be pulled over

the top of the penetration, do not split the boot.

2. For non-ridged penetrations and multiple penetrations coming through the same opening, install approved

NRCA pelican hood.

3. Seal with stainless steel clamps, TF Tape, and sealant. Fabricate TPA umbrellas to counterflash.

G. Drains:

1. Replace all broken, missing, or plastic drain bolts, clamping rings, and drain screens with new matching

existing size.

2. Restore roof drain bowls with AlphaGuard liquid applied flashing system.

3. Use TPA Un-reinforced Flashing Membrane as target sheet extending into the drain.

4. Field welds must not pass under clamping ring.

5. Install a full tube of water block sealant between the drain, membrane, and clamping ring.

H. Overflow Drains:

1. Extend TPA membrane 4” into overflow drains.

2. Clamp top of overflow drain.

I. Fasten Tremco TPA coated metal flashings 3” o.c. to wood nailers using galvanized annular ring nails. Metal

flashings shall have a 4” minimum nailing flange. Fasteners shall penetrate the wood a minimum of 1”.

J. Install new 8” TPA clad metal T-Tops with screens to replace existing T-Tops and any passive vents that are less

than 4 inches off of the roof surface.

K. Flash irregular penetrations with TPA membrane. Field fabricate and seal with stainless steel pipe clamps, TF

tape, and polyurethane sealant. Fabricate TPA umbrellas to counterflash.

L. Metal shall be installed to provide adequate resistance to bending and to allow for normal thermal expansion and

contraction. Install adjacent pieces of coated metal flashing with ¼” gap. Apply a 2” wide continuous strip of

aluminum tape over the gap to act as a bond breaker. Hot air weld a 6” strip of TPA membrane, over the duct

tape, to each piece of flashing to form a watertight splice.

M. Pipe/conduits and duct supports sitting on roofs shall be set on rubber blocks with metal channels set over TPA

gray walkpad sections heat welded to the roof membrane. All pipe/conduit clamps shall be one size over to allow

slippage without damage to roof surface.

3.7 COATING INSTALLATION

A. Coat all sheet metal pans, flashings, coping, and other metal components with metal coating system. Properly

prepare surfaces per manufacturer’s written instructions and prime with metal primer.

1. Seal all seams and holes over metal with Polytape.

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3.8 WALKWAY INSTALLATION

A. TPA Gray service walk pads are to be installed around all serviceable mechanical equipment with a path to the

ladder roof access points. Heat weld walk pads in place.

3.9 MEMBRANE REPAIR

A. Correction of damage to the membrane may be accomplished by hot-air welding a membrane section over the

affected area.

B. If the defect is not smooth, cut out and remove material to provide an even surface. If any mechanical fasteners

are encountered, the repair should include provisions to fasten the repair materials.

C. Repair material shall overlap the field sheet a minimum of 3” to provide adequate room for a proper weld. Hand

welds shall be minimum of 2”; machine welds shall be a minimum of 1 ½”.

D. Cut all corners of repair materials round.

E. Caulk all edges of cut membrane.

3.10 FIELD QUALITY CONTROL

A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing

installation on completion and submit report to Owner.

B. Repair or remove and replace components of roofing system where test results or inspections indicate that they do

not comply with specified requirements.

C. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced

or additional work with specified requirements.

3.11 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period. When remaining

construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature

and extent in a written report, with copies to Owner.

B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and

repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion

and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by

manufacturer of affected construction.

END OF SECTION 07 01 50.74